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(영문) 수원지방법원 2017.12.15 2017고단5912
대부업등의등록및금융이용자보호에관한법률위반
Text

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

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

Reasons

Punishment of the crime

A person who intends to engage in loan business shall register with the administrative agency having jurisdiction over the relevant place of business, and the unregistered credit service provider shall not receive interest exceeding the interest rate of 25 percent per annum.

1. The Defendant did not register his/her lending business with the competent authority, and, on January 20, 2015, lent KRW 30 million to C by the Defendant’s home located in Suwon-si, Suwon-si, to the person who requested the loan at the Defendant’s home located in Suwon-si, for a period of two months, deducted the amount of KRW 1.5 million, which is 5 million, from the interest rate, and issued KRW 28.5 million, and thereafter, received interest at an annual interest rate of KRW 67.78 percent by paying interest from March 22, 2016 until March 22, 2016.

2. The Defendant did not register a loan business with the competent authority on May 15, 2015, lent a loan of KRW 45 million to C for a period of two months from the person who requested a loan at the place prescribed in the preceding paragraph, and deducted KRW 2.25,00,000,000 from the interest rate, and issued KRW 4,2755,00,000 to March 22, 2016, and received interest at an annual interest rate of KRW 54.45,00 from March 22, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against C;

1. An investigation report (to attach an invoice of interest rate);

1. Receipt, loan certificate, certificate of establishment of a right to collateral security, statement of deposit transactions, certified copy of register, statement of deposit transactions, and application of Acts and subordinate statutes on certificates of fairness;

1. Relevant Article 19(1)1, Article 3(1)3, and Article 19(2)3, and Article 11(1) of the Act on the Protection of Financial Users and Registration of Preliminary Loan Business, etc. for Criminal Facts, and Selection of Imprisonment with prison labor;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [interest rate].

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