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(영문) 춘천지방법원 강릉지원 2014.04.25 2014고단53
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above imprisonment 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 without registration shall register the credit business with the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors, or Special Self-Governing Province Governors having jurisdiction over the relevant place of business by place of business;

On November 21, 2012, the Defendant loaned KRW 2,00,000 from the Defendant’s house located in C Building 101, 103 (D apartment), to E on a 100-day basis, under the condition that E shall be repaid in 28,000 won each day. From January 2, 2012 to October 16, 2013, the Defendant loaned KRW 286,830,000 in total over 159 as shown in the attached Table of Crimes List (1).

2. Where an unregistered credit service provider, who runs a credit business without registering the fact that it exceeds statutory interest rates, lends a loan, the interest rate shall not exceed 30 percent per annum from the maximum interest rate of 40 percent per annum, which is stipulated in Article 2 (1) of the Interest Limitation Act (30 percent from October 26, 201 to 30 percent of the interest rate limitation), with respect to the lending and borrowing of money stipulated in paragraph (1) of the same Article;

On November 21, 2012, the Defendant: (a) at the Defendant’s house located in C Building 101, 103 (D apartment); (b) leased KRW 28,000 per day to E with a repayment of KRW 28,000 per day; and (c) received interest at a rate of 146% per annum exceeding the statutory interest rate; and (d) received interest over 148 times from January 11, 2012 to October 16, 2013 as shown in the annexed Table of Crimes (2).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F, G, H, I, J, and K;

1. Lritten statements;

1. Investigation reports (Listening to oral statements of witnesses), investigation reports (Listening to telephone conversations of persons for reference), investigation reports (Listening to the statements of telephone conversations of persons for reference), investigation reports (Listening to telephone conversations of persons for reference), and investigation reports (Listening to the statements of persons for reference);

1. Requests the provision of transaction details (F), transaction details (F), transaction details (F), transaction details of a credit cooperative account (F), textbook photographs, and financial transaction information.

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