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(영문) 의정부지방법원 2017.01.19 2016고단2313
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On February 27, 2016, the Defendant committed the crime against the victim B without registering the lending business to the competent agency, lent 3 million won to the victim’s vehicle located in the building parking lot in Gyeonggi-si, the Government of Gyeonggi-si, and received 4.5 million won principal and interest per week during 60 days, and received 4.5 million won principal and interest per week during 60 days. On March 3, 2016 and on March 4, 2016, the Defendant received payment of the principal and interest at least 2.5% per annum, and the court received 4.1% interest per annum over 221.1% per annum.

Accordingly, the Defendant did not register the lending business, and received interest exceeding the legal interest rate.

2. On February 27, 2016, the Defendant committed the crime against the victim D within the vehicle B parked in the foregoing place, lent 2 million won to the victim D, and received 300,000 won principal and interest per week for 60 days. On March 3, 2016, the Defendant received payment of 300,000 won principal and interest per week and received 300,000 won principal and interest per annum from the court and received 221.1% interest per annum.

Accordingly, the Defendant did not register the lending business, and received interest exceeding the legal interest rate.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B or D;

1. Details of deposit and withdrawal transactions, account details, deposit details, and photographs of checks;

1. Application of Acts and subordinate statutes concerning mobile phone text messages or text messages;

1. Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of relevant legal aid loan business, etc. and Protection of Financial Users for criminal facts (referring to the operation of unregistered loan business), Article 19 (2) 3 and Article 11 (1) of the Act on the Registration of respective loan business, etc. and Protection of Financial Users (referring to the receipt of excess of the interest rate);

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Code for the observation of protection and the order of community service order are that the defendant, without registering his/her loan business, operates a side business and collects a high rate of interest.

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