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(영문) 부산지방법원 동부지원 2014.06.19 2014고단575
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

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. Any person who intends to operate a credit business without registration shall file for registration of the credit business with the competent administrative agency by place of business;

Nevertheless, on December 3, 2009, the Defendant, without registering with the competent authority, lent KRW 24 million to the competent authority on the condition that 60% interest was paid per annum from E at the Dju shop operated by the Defendant in Suwon-gu, Busan, and operated credit business without registering with the competent authority 117 times in total, as shown in the attached list of crimes, from the end of December 2013.

2. If a unregistered credit service provider grants a loan exceeding the interest rate, interest exceeding 30% per annum is subject to the restriction prescribed by the Interest Limitation Act.

Nevertheless, as described in paragraph (1) of December 3, 2009, the Defendant loaned KRW 24 million to E and received 60% interest per annum.

In addition, from around that time to December 2013, the Defendant loaned money more than 115 times in total as indicated in the attached Table Nos. 1 to 52, 54 through 111, 113 through 117, and received interest exceeding the limited interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F, G, and E;

1. Seizure records;

1. Responses;

1. Application of Acts and subordinate statutes to each original loan certificate and each notarial deed;

1. Article 19 (1) 1, the main sentence of 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, the main sentence of Article 3 (1) of the Act on the 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 (the point of receiving interest exceeding the restriction rate, and the

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (it shall be taken into consideration that there is no record of punishment for the same kind of crime, or that there is a perception of mistake);

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

1. Confiscation of the Criminal Act;

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