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(영문) 의정부지방법원 2014.12.19 2014고단1455
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, the interest rate set forth in [Attachment 2] and 4.

Reasons

Punishment of the crime

1. Any person who intends to operate a unregistered credit business shall file for registration with the competent authority having jurisdiction over the relevant place of business;

Nevertheless, the Defendant, without registering with the competent authority from September 9, 2009 to October 8, 2013, lent a total of KRW 1,504,880,000 to D over 154 times at a non-permanent place, and operated an unregistered credit business after receiving KRW 1,203,461,00 as interest.

2. Where a credit service provider with no registration and payment of interest exceeding the restriction rate makes a loan, it shall not receive interest exceeding the maximum interest rate of 30 percent per annum.

Nevertheless, on June 19, 2009, the Defendant promised to lend KRW 1,50,00 to D at an irregular place, and then loaned KRW 1,50,000 to D by means of remitting KRW 1,350,000 as prior interest, and thereafter, 1,277% interest at a rate exceeding the restricted interest rate by receiving the principal and interest of KRW 1,30,000 through 49 days thereafter, as shown in No. 1, 3,5, and 24 of the attached list of crimes, and received interest exceeding the restricted interest rate by receiving an annual interest rate of KRW 75% from 75% to 5,79%, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Grade D of the police interrogation protocol against the defendant

1. Statement by the prosecution concerning D (No. 62 No. 52 of the evidence list);

1. A statement of details of passbook transactions;

1. A certified copy of a notarial deed;

1. A detailed statement of passbook transactions;

1. Recording recording (No. 24 No. 5 of the evidence list);

1. The contents of text text on the mobile phone (No. 30 No. 50);

1. An investigation report (verification of the fact that credit business is not registered as a suspect);

1. A criminal investigation report (verification of criminal records and relationships relating to credit business for suspects);

1. Investigation report (E statement hearing report);

1. Related to confiscated articles (records, records of passbook transactions, details of cell phone text, etc. submitted by the complainant);

1. A copy of seized articles (data copies seized at the suspect's home).

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