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(영문) 광주지방법원 순천지원 2018.04.12 2017고단2842
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From May 12, 2012 to May 12, 2017, the Defendant is a person who engages in a loan business to an unspecified number of people in light of the mineral volume.

1. Any person who intends to engage in a loan business without registration shall register with the administrative agency having jurisdiction over the relevant place of business by place of business;

Nevertheless, on December 26, 2016, the Defendant loaned KRW 18,700,000,000 calculated by deducting interest of KRW 1,300,000 from pre-paid interest, on the condition that the obligor D would be paid KRW 26,00,000 once every five days from a non-permanent place (hereinafter referred to as "non-permanent place") at the competent authority, as shown in the attached Table of Crimes (1) from around that time to May 12, 2017.

In this respect, the Defendant did not register with the competent authorities and operated a large side business.

2. No one who receives more than statutory interest rates shall receive interest exceeding the statutory interest rate prescribed by Presidential Decree (30% per annum from October 26, 201 to July 15, 201, and 25% per annum from July 16, 201 to July 2014).

Nevertheless, on February 12, 2013, the Defendant loaned KRW 10,000,000 calculated by deducting KRW 650,000 from KRW 650,000,000 every five days to the obligor D at a place of not more than 13,00,000 in opticalyang-si, without registering a loan business, as described in paragraph (1) of the same Article, on the condition that the obligor shall be repaid at 20 occasions, and received KRW 13,00,000 per annum until May 23, 2013, and received KRW 13,00,000 at the interest rate of 10.5% per annum from around that time to May 12, 2017 by the aforementioned method as shown in attached Table of Crimes (2).

Accordingly, the Defendant received interest exceeding the limit interest rate.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. The details of reimbursement, copies of deposits for the number of days, details of bank transactions, and calculation of interest rates;

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