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(영문) 춘천지방법원 2019.05.22 2019고단268
대부업등의등록및금융이용자보호에관한법률위반
Text

The punishment of the accused shall be determined by one year and two months.

However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who intends to engage in credit business without registration shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor or Special Self-Governing Province Governor having jurisdiction over

Nevertheless, around April 29, 2013, the Defendant loaned KRW 15,000,000 to C without registering with the competent authority and at the office located in Gangwon-si, Gangwon-si, with a monthly interest of KRW 4%, and run credit business by lending KRW 4,478,175,000 in total over 168 times until October 23, 2018, as shown in attached Table 1.

2. The interest rate applicable where an unregistered credit service provider lends a loan exceeding the interest rate shall not exceed the maximum interest rate of 30% per annum or 25% per annum under Article 2(1) of the Interest Limitation Act.

Nevertheless, around November 22, 2013, the Defendant loaned KRW 40,000,00 to C at the same place as above paragraph (1) and received interest exceeding the maximum interest rate of KRW 20,400,000 per annum by September 25, 2014, and received interest of KRW 62.30% per annum exceeding the maximum interest rate of KRW 30% per annum by September 25, 2014, and received interest exceeding the maximum interest rate of KRW 20,40,00 per annum as shown in attached Table 2.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. Request for business cooperation, certificate of closure of business, investigation report (the details of loans to the complainant and calculation of interest rates on the interests received), and investigation report (the confirmation of interest rates under the Interest Limitation Act on Excess Interest);

1. Application of Acts and subordinate statutes on the interest payment and attempted payment of each debt owed to each debtor listed in attached Table 1 of the list of crimes committed;

1. Article 19 (1) 1 and Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, and Article 19 (2) 3 and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Articles 19 (2) 3 and 11 (1) of the Act on the Protection of Finance Users, shall apply

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