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(영문) 서울남부지방법원 2019.11.21 2019고단4501
대부업등의등록및금융이용자보호에관한법률위반
Text

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

1. The Defendant is a person who engages in credit business without a certain office.

Any person who intends to operate a credit business shall register his/her business with the competent authority having jurisdiction over the relevant business office.

Nevertheless, on April 10, 2018, without registering a credit business with the competent authority, the Defendant lent 3 million won to C for 65 days, excluding advance interest and 300,000 won, and demanded C to repay the principal and interest of 60,000 won each day during the period from September 2018 to September 2018 as shown in the annexed crime list (1).

2. Where unregistered credit service providers, etc. make loans at statutory interest rates in excess of the statutory maximum interest rate, they shall not collect interest in excess of 24% per annum (after February 8, 2018);

Nevertheless, on July 2018, the Defendant loaned KRW 600,000 to D at an unsound place, and entered into a loan agreement to receive KRW 120,000 per day after deducting KRW 60,000 as interest, and leased KRW 5,40,000 to D for 65 days until the principal is repaid, and received interest exceeding the statutory maximum interest rate by receiving KRW 2,40,00 per annum 280,00 as interest from September 2018 to September 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police seizure records, seizure lists, photographs of seized articles, copies of books, standard contract for loan transactions;

1. Investigation report (to hear statements from victim debtors);

1. A report on investigation (revision of a list of crimes);

1. Extraordinary (1) - 27 cases in loan contract, one copy in the custody of the loan contract, one copy in each case.

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