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(영문) 대구지방법원 2013.05.16 2013고단2001
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

An advertisement for credit business shall not be made unless a credit service provider is involved, and where a unregistered credit service provider grants an individual a loan, the rate shall not exceed 30/100 per annum.

1. The Defendant did not register a credit business, from August 201 to February 27, 2013, published a credit business advertisement by distributing 700 copies of the name “OK and business operators loan - 1,000 to 30 million won immediately at the time of performing funeral services,” wherein the phrase “U” was written against many and unspecified persons at the time of S Mancheon-si and Samcheon-si from August 201 to February 27, 2013.

2. Around August 16, 201, the Defendant, without registering a credit business, lent KRW 1.5 million to W at a mutually unclaimed restaurant operated by W in V, on condition that WW would receive KRW 30,000 per day for 60 days, and received interest at an interest rate of KRW 225.7% from around that time to October 5, 2012, and violated the restriction on interest rate by being paid at an annual interest rate of KRW 225.7% as indicated in the separate crime list.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of X;

1. Seizure records;

1. The loan certificate and certificate of personal seal impression (W, Y, X), notarial deed, deposit passbook;

1. Application of investigation reports (user telephone conversations), investigation reports (user telephone conversations Y) Acts and subordinate statutes to the Acts and subordinate statutes;

1. Relevant Article on criminal facts, Articles 19 (1) 3, 9-2 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 2 (1) of the Interest Limitation Act, and selection of fines;

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;

1. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is in the vicinity of Daegu.

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