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(영문) 대구지방법원 2016.02.16 2015고단6322
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is the operator of "D Cooperatives" in Gangnam-gu Seoul Metropolitan Government C.

The defendant has not registered his loan business to the Special Metropolitan City Mayor, Metropolitan City Mayors or Do Governors.

1. On December 17, 2014, the Defendant, who is running a non-registered loan business, entered into an agreement with F, the managing director of the Dispute Resolution Co., Ltd., in order to raise the deposit transaction performance through the instant non-public-private partnership office at the D Cooperatives Office located in Gangnam-gu Seoul Metropolitan Government C and 302, with an interest of KRW 7,80,460,280 in the name of the commission first and the agreement was made to lend KRW 700,460,280 in the name of the commission to F, the managing director of the Dispute Resolution Co., Ltd. on the 22th of the same month, and thereafter, loaned KRW 70,460,280 in the corporate bank account of the Dispute Resolution Co., Ltd. (Account Number G) by depositing KRW 700,460,280 in the attached crime list from December 1, 2014 to March 31, 2014.

2. The Defendant in violation of the interest rate was at least 70,460,280 won as stated in paragraph 1 at the same date, time, and place as indicated in paragraph 1, with an agreement of at least 109.4% per annum and at least 7,80,000 won per annum, and was paid at an interest rate exceeding 25% per annum by the unregistered credit service provider, and was paid at an interest rate exceeding 25% per annum per annum as indicated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Copy of the protocol concerning the examination of suspect of H with respect to the police;

1. Copy of the police statement made to A;

1. A copy of the petition;

1. Details of transfer, copies of bankbooks, details of each account transaction, and replys to each warrant;

1. Requests for cooperation with investigation and the application of Acts and subordinate statutes to materials reply to gold transactions;

1. Relevant legal provisions concerning criminal facts, registration of loan business, etc. of selective loan business, etc., and Articles 19(1)1 and 3(1) ( comprehensively referred to as "non-registered loan business") of the Act on the Protection of Financial Users, registration of loan business, etc., and Articles 19(2)3 and 11(1) of the Act on the Protection of Financial Users (the receipt of interest exceeding the interest rates set forth by unregistered credit service providers), and each decision of imprisonment;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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