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(영문) 서울북부지방법원 2018.09.06 2018고단2336
대부업등의등록및금융이용자보호에관한법률위반
Text

The punishment of the accused shall be eight months by imprisonment.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to engage in loan business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business, and if a unregistered credit service provider lends a loan, he/she shall not receive interest exceeding the statutory interest rate under the Interest Limitation Act.

1. The Defendant, who runs a non-registered loan business, did not register a loan business, lent KRW 6,00,000 to C around June 18, 2013, and concluded an agreement on installment repayment of the principal and interest under the terms for payment of KRW 10,512,00 for a total of KRW 10,512,00 from July 16, 2013 to July 10, 2017 in the same manner as indicated in the list of crimes in the same manner, and charged the obligor C with a total of KRW 120,950,000 on a total of 19 occasions from around that time to September 26, 2017.

2. The Defendant violating the interest rate limitation: (a) concluded a loan agreement as described in paragraph (1) and lent KRW 6,00,000 to C; (b) received a total of KRW 10,512,000 for 276 days from the following month and paid interest exceeding 30% per annum under the Interest Limitation Act; and (c) accrued interest from around that time to September 26, 2017 from around that time exceeding the statutory interest rate under the Interest Limitation Act, as stated in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning examination of suspect concerning D by the prosecution;

1. Statement made by the police against C;

1. Details of repayment of interest, text message content (A, C), debt account statement, text message data, account transaction details, loan and repayment details, and application of laws and regulations on financial account transaction (defensive material).

1. Article 19(1)1 and Article 3(1) of the Act on the Protection of Financial Users and Registration of Preliminary Loan Business, etc. for criminal facts, registration of loan business, etc., and Article 19(2)3 and Article 11(1) of the Act on the Protection of Financial Users, and the Interest Limitation Act.

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