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(영문) 서울중앙지방법원 2018.08.16 2018고단2557
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

From June 4, 2014, the Defendant established and operated a lending business office in Seocho-gu Seoul Metropolitan Government Building C without a trade name.

A person who intends to engage in loan business shall register with the administrative agency having jurisdiction over the relevant place of business for each place of business, and where an unregistered credit service provider grants a loan, he/she shall not receive interest exceeding 25% per annum, which is the legal interest rate.

Nevertheless, on December 6, 2015, the Defendant did not register a loan business, granted a loan of 6 million won to D at the above office, and delivered 600,000 won equivalent to 10%, 700,000 won per day after deducting 700,000 won for advance payment, respectively, under the pretext of notarized fees, etc., and paid 5.7 million won per day, and received 479% interest per annum by paying 100,000 won per day. From June 4, 2014 to December 30, 2016, the Defendant’s amount of 197,60,000 won for K from June 4, 2014 to December 30, 2016 is obviously a clerical error of 19,760,00 won per day, and shall be corrected ex officio.

In 142 times in total, 69,388,00 won was loaned to those who wish to obtain the loans such as the above D, and interest was paid by the unregistered credit service provider over the statutory limit rate.

Accordingly, the defendant operated unregistered loan business and received interest exceeding the legal limit interest rate.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. Investigation report (report on confirmation of documents presumed to be written by suspect A), investigation report (the person who stores the original X-cell file Nos. 6 out of seized articles, and the last date of storage);

1. Application of Acts and subordinate statutes of one copy of the screen output, which is the nature of the victim G loan agreement documents, the victim H loan agreement documents, the victim J loan agreement documents, and the details of loans twice the number of seized articles, six times;

1. Article 19(1) of the Act on the Registration of Financial Services, etc. and Protection of Financial Users for criminal facts.

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