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(영문) 청주지방법원 충주지원 2014.04.04 2013고단867
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Any person who intends to engage in credit business shall register his/her business with the Mayor/Do Governor having jurisdiction over the relevant place of business.

Nevertheless, on November 5, 201, the Defendant did not register a credit business, set the monthly interest rate of 20,000,000 won to the obligor C at the Defendant’s office located in the Sound Group B, Chungcheongnam-gun, Chungcheongnam-gun, and loaned KRW 278,50,000 to the obligor six (11) times from that date until April 2013, as indicated in the attached list of crimes, from that date.

Accordingly, the Defendant operated credit business without registering the credit business from November 5, 201 to April 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each prosecutor's statement concerning D, E, and F;

1. Each investigation report (Submission of a detailed list of deposits and withdrawals trading, and submission of a F deposit trading statement);

1. Application of Acts and subordinate statutes to the list of financial information (A, G), and transaction details by account;

1. Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning facts constituting an offense and the elective punishment;

1. Article 62 (1) of the Criminal Act;

1. An unfavorable circumstance for sentencing under Article 62-2 of the Criminal Code of the Social Service Order: The relevant law stipulates that credit service providers shall register and operate their businesses in order to prohibit illegal debt collection activities of credit service providers and regulate the interest rate. The circumstances favorable for the defendant to engage in credit business without registration in deviation from such purport: (a) the defendant misleads and reflects his/her mistake; (b) the defendant does not have any criminal records exceeding the same kind and fine; and (c) the current illegal credit business seems to be limited to the defendant; and (d) other circumstances that are conditions for sentencing indicated in the record, such as the defendants’ age, character, character, occupation and family

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