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(영문) 인천지방법원 2019.03.27 2018고단9321
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, 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

Any person who intends to engage in credit business shall register with the competent authority, and where an unregistered credit service provider lends a loan, he/she shall not receive interest exceeding 24% per annum of the maximum interest rate under the contract for lending and borrowing of money.

Nevertheless, without registering a credit business, the Defendant loaned KRW 500,000 to B on January 2, 2018, and thereafter, on January 12, 2018, 2018, the Defendant received interest of KRW 200,000 as well as the above principal, and received interest of KRW 1,460 per annum from March 2, 2018.

Accordingly, the defendant operated a unregistered credit business and received interest exceeding the maximum interest rate under the contract for lending and borrowing of money.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on search, seizure, verification warrant and account transaction statement;

1. Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning facts constituting an offense, and Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (2) 3 and 11 (1) of the Act on the Protection of Finance Users, and Selection of Imprisonment;

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;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act do not specify the amount of interest that the Defendant received in excess of the legal interest rate while running a unregistered credit business, and there is a lot of frequency of crimes, three times of fines for the same kind of crime, the Defendant recognized each of the crimes of this case, the Defendant agreed with C among the lending counterpart, and other records of this case, such as the Defendant’s age, character and conduct, environment, motive and circumstance of each of the crimes of this case, means and method, and circumstances after the crime.

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