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(영문) 서울서부지방법원 2018.11.15 2018고단1734
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has engaged in a loan business with a person who engages in one's own business in Yongsan-gu Seoul Metropolitan Government, Mapo-gu, Jung-gu, Eunpyeong-gu, and Eunpyeong-gu in Seoul Metropolitan Government building B C.

A person who intends to engage in loan business or loan brokerage business shall register with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Do Governor, a Special Self-Governing Province Governor, a branch office, etc.

Nevertheless, on January 26, 2015, the Defendant, without registering a loan business, used 5 million won to D for 60 days on January 26, 2015, and loaned 176.31% of the annual interest rate by paying KRW 1,550,000 per day after deducting the principal and interest, KRW 2,50,000,000 from the interest, and KRW 2,50,000 per annum. From March 12, 2018, the Defendant loaned 16,000,000 won by exceeding the legal autonomy over 7 times in total, as shown in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, E, F, and G;

1. Police seizure records;

1. A copy of the loan transaction pocket book;

1. A copy of each loan transaction agreement, each promissory note, and each proxy letter;

1. Application of the Acts and subordinate statutes to make an integrated inquiry into a registered lender, such as each investigation report (a photograph attachment, photographing of seized articles, spraying photographs of a number of days advertisement leaflet at the time of arrest, calculation of interest rates);

1. Relevant Article 19(1)1, Article 3(1) (including the operation of unregistered loan business, and comprehensive) of the Act on the Protection of Financial Users, registration of each loan business, etc., and Articles 19(2)3 and 11(1) of the Act on the Protection of Financial Users concerning facts constituting an offense, and the registration of a loan business, etc., and Articles 19(2)3 and 11(1) (including the receipt of any excess interest) of the Act on the Protection of Financial Users, and the selection of imprisonment, respectively;

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 (The following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: The defendant has been punished by a fine of the same kind once.

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