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(영문) 서울북부지방법원 2012.11.01 2012고단2214
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. Any person who intends to operate a credit business shall register with the competent administrative agency;

Nevertheless, from December 2009 to May 25, 2012, the Defendant engaged in unregistered credit business, such as running a mutual-free credit business at the residence located in Yongsan-gu Seoul Metropolitan Government B 103, without registering with the competent authorities, preparing a loan certificate on the condition that the Defendant will receive certain interest from the debtor without registering with the competent authorities.

2. Where an unregistered credit service provider grants a loan to an individual, the interest rate shall not exceed 30/100 per annum;

Nevertheless, on December 28, 2009, the Defendant lent KRW 5 million to C, a debtor, at the above residence, and made 60,000 won of interest each day prior to the number of days of 100 days, thereby violating the restriction on the interest rate by receiving interest equivalent to 136.2% per annum of the principal, and also violated the restriction on the interest rate from then to December 201.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D, E, C, and F;

1. Relevant Article 19 (1) 1, Article 3 (1), Article 19 (2) 3, and Article 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts, Article 2 (1) of the Interest Limitation Act, the selection of imprisonment with labor;

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

1. Article 62 (1) of the Criminal Act (including the absence of criminal records of a suspended sentence of imprisonment or more, and the submission of a written agreement with some victims);

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