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(영문) 서울남부지방법원 2017.11.16 2017고단2864
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Any person shall register his/her loan business with the competent authorities in order to engage in the loan business, and where a unregistered credit service provider provides a loan, he/she shall not receive interest exceeding 25% of the annual interest rate, which is the interest-restricted rate under the Interest Limitation Act.

Nevertheless, on April 4, 2012, the Defendant, without registering with the competent authority, lent KRW 100,000 to D, KRW 702,00,000,000,00 in total, every 5 days for 100 days, by having the court repay the principal and KRW 500,000 for each 10-day period. The Defendant loaned KRW 865,90,000 in total, every 44 times as shown in the annexed crime list 1 and 2, from that time until December 12, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of the pocket book related to the number of days;

1. Details of deposit transactions, copies of passbook transactions in Korea, and details of each account transaction;

1. Details of DNA days;

1. Application of Acts and subordinate statutes to the calculation of interest rates of Korea Loan Finance Association;

1. Article 19 (1) 1, Article 3 (1) (a) of the Act on the Registration of Relevant Legal Loan Business, etc. for Criminal Facts, and the Protection of Financial Users, Article 19 (2) 3, and Article 11 (1) of the Act on the Registration of Loan Business, etc., and Article 19 (1) of the Act on the Protection of Financial Users (a point of view exceeding the restricted interest rate);

1. Selection of imprisonment with prison labor chosen;

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 on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Social Salary Order;

1. Type 1 (Violation of Restrictions on Interest Rates, Violation of / Receipt of Brokerage Fees, etc.) in the basic area (from April to October) of the lending business of the recommended range of punishment: None of the special sentencing factors:

2. The fact that illegal loans have been committed over a considerable period of time when a sentence is rendered, and the fact that the amount of loans is relatively large is disadvantageous to the defendant.

However, it is against the fact that there is no power to impose criminal punishment.

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