logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.09.28 2020고단5766
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 becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to engage in credit business shall register with the Special Metropolitan City Mayor or Do Governor having jurisdiction over the relevant place of business, while the unregistered credit service provider, etc. shall not collect interest exceeding 24 percent per annum, if it engages in credit business.

Nevertheless, around November 28, 2018, the Defendant, without registering credit business, lent KRW 5,00,000 to B without registering credit business, actually delivered KRW 4,750,000 after deducting KRW 250,000 from the prior interest, and agreed to receive a total of KRW 6,00,000 per annum for 60,000 each day, and received interest equivalent to 176.2% per annum from around December 2019 to December 2019.

Summary of Evidence of Crime List

1. Defendant's legal statement;

1. Statement of each police statement concerning the complainant and B;

1. Copies of the details of passbook transactions (Evidence 7), loan contract documents (Evidence 8);

1. Application of Acts and subordinate statutes governing interest rate calculation formula;

1. Article 19 (1) 1 and Article 3 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, Article 19 (1) 1 and Article 3 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, Article 19 (2) 3 and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (including the receipt of restricted interest and the receipt of excess interest), and

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in consideration of the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, total amount of loans, interest rate, circumstances after the crime, etc. as stated in the arguments in this case.

Unregistered credit business is re-registered even though there are many records of punishment as the same criminal power.

arrow