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(영문) 의정부지방법원 2014.02.14 2013고단4540
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to operate a credit business shall register with the competent authority, and where an unregistered credit service provider lends a loan, the interest rate shall not exceed the interest rate under the Interest Limitation Act.

Nevertheless, around October 24, 2013, the Defendant lent KRW 2 million to the above C at the “D” cosmetic sales store operated by the victim C in B B B B 1th of the same B B, and actually agreed to pay KRW 1.88,000,000 per day after deducting KRW 1.2 million under the name of the prior interest, and receive 40,000 won per day for 60 days, and received interest at an annual interest rate of 306% per annum exceeding 30% per annum which is the maximum legal interest rate, as shown in the attached list of crimes in the attached Table, and received interest exceeding 30% per annum from June 12, 2013 to November 9 of the same year.

Accordingly, the defendant operated unregistered credit business and received interest exceeding the interest rate under the Interest Limitation Act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Account transactions;

1. Detailed statement of transactions of ordinary deposits;

1. Application of Acts and subordinate statutes to a copy of a loan certificate;

1. Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts and Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Unregistered Credit Business, etc. and Protection of Finance Users (hereafter referred to as "unregistered Credit Business," collectively), Article 19 (2) 3, and Article 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., confession and reflecting a criminal conduct, and the fact that there is no previous violation);

1. Social service order under Article 62-2 of the Criminal Act;

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