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(영문) 수원지방법원 여주지원 2012.12.26 2012고단883
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The head of one-person B shall be a person who operates an unregistered loan company, and the defendant and C shall be an employee of the aforementioned unregistered loan company.

Any person who intends to engage in a business of lending money shall register with the Mayor/Do Governor having jurisdiction over the place of business, and where an unregistered credit service provider lends money, he/she shall not lend money in excess of 30% per annum.

Nevertheless, the Defendant did not register credit business in collusion with the head of the Dong-gu B and C (Suspension of Prosecution on the same day) on March 11, 2012, and loaned KRW 500,000 to D on an annual basis, calculated the interest rate of KRW 3,484 per annum exceeding 30% per annum, the interest rate of which is limited to D, around March 11, 201, and loaned KRW 50,000 during the period from September 2, 2011 to May 2012, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against the defendant or C;

1. Each police statement made to E, F, and Defendant;

1. Each statement;

1. Responses to requests for the details of financial transactions ( July 26, 2012), and replys to financial institutions’ financial transaction information;

1. A detailed statement of entry and withdrawal transactions;

1. Application of Acts and subordinate statutes on investigation reports (the confirmation of the date of opening the counterpart criminal account A, the opening of the account, each telephone investigation, and the confirmation of details of additional loans by suspects);

1. Article 19 (1) 1, Article 3, and Article 19 (2) 3 and Article 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users for Crimes and the Selection of Penalties, Article 30 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act (see, e.g., “the grounds for suspended sentence”)

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Act and Article 59 of the Act on Probation, etc. is that the defendant has no record of special punishment other than a fine once.

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