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(영문) 의정부지방법원 2020.12.08 2020고단4368
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

1. Any person who intends to operate an unregistered credit business shall register with the administrative agency having jurisdiction over the relevant place of business by his/her office;

Nevertheless, the Defendant, without registering a credit business with the competent authority on March 13, 2019, entered into a loan agreement with the E on condition that he would receive reimbursement of KRW 80,00,000 as interest, and loaned KRW 74,35,00 as well as KRW 80,00 on condition that he would borrow KRW 74,35,00 as interest from KRW 80 to September 11, 2019 to KRW 70,00,00 as well as from KRW 80,00 on condition that he would borrow KRW 80,00,00,000 on condition that he would receive reimbursement as interest ( KRW 1,60,000,000).

Accordingly, the Defendant carried on unregistered credit business.

2. Where unregistered credit service providers, etc. that have not received statutory interest rates in excess of their loans, they shall not collect interest exceeding the statutory interest rate (24% per annum);

Nevertheless, the Defendant, as a unregistered credit service provider, was at the same place as Paragraph (1) around March 13, 2019, entered into a loan agreement with E as set forth in Paragraph (1), and received interest rate of 44.7% per annum from 80,000,000 to 44.7% per annum. From around that time to September 11, 2019, the Defendant borrowed a total of KRW 270,000,000 to E on a total of four occasions, as shown in the attached crime list, and received interest exceeding the statutory interest rate (24% per annum).

Summary of Evidence

1. The police statement of the defendant E in his court statement;

1. Application of Acts and subordinate statutes to an investigation report on replys to data following investigation cooperation (calculated the interest rate for four lending transactions) by a certified real estate register or a copy of a H bank (I);

1. Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts and the Selection of Punishment shall be unregistered;

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