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(영문) 춘천지방법원 영월지원 2015.01.06 2014고단487
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Notwithstanding the fact that a person who intends to operate unregistered credit business is registered with the competent administrative agency for each place of business, the Defendant, without registering his/her business, operated the credit business in the name “C” from the beginning of November 2013 to August 4, 2014 with the name “C” in Gangwon-gun, Gangwon-gun, Suwon-gun, without registering his/her business.

2. No person other than credit service providers, credit service providers, or credit financial institutions that violate prohibition of advertisement may place an advertisement for credit business.

Notwithstanding that the Defendant is not a credit service provider or a credit financial institution, the Defendant, from the beginning of November 2013 to August 4, 2014, posted a signboard stating “D”, etc. in the said pawned “C” and advertised the credit business.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to request an enterprise violating the Act on Registration of Credit Business and Protection of Financial Users, and to request for investigation of whether to register credit business;

1. Article 19 (1) 1 and Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, Articles 19 (1) 3 and 9-2 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Selection of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: The fact that there was a history of punishment for the same crime as the sentencing of Article 62 (1) of the Criminal Act; the removal of advertising signboards after the crime of this case; and other consideration, such as the size and period of unregistered credit business;

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