logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.08.21 2019고단3338
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

Any person who intends to engage in credit business shall register his/her business with the administrative agency having jurisdiction over the relevant place of business, and shall not receive interest exceeding 25 percent (24 percent per annum from February 8, 2018) of the annual interest rate if any unregistered credit service provider lends a loan.

Nevertheless, on April 19, 2017, the Defendant, without registering with the competent authority, lent D KRW 40 million at the C convenience store located in Ulsan-gun B, Ulsan-gun on April 19, 201, subject to the annual interest rate of KRW 649%.

6. 5. From around that time to April 18, 2018, a total of KRW 440 million was loaned to D on seven occasions in total and exceeding 25% per annum (24% per annum from February 8, 2018) as shown in the attached list of crimes committed.

Accordingly, the defendant did not register with the competent authority, and did credit business and received interest exceeding the interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of D police statement;

1. A copy of the standard contract for loan transactions, and details of each deposit and withdrawal transaction;

1. Application of Acts and subordinate statutes to police investigation reports;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) point of running an unregistered credit business: Article 19 (1) 1 and Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, comprehensively;

(b) The point of receiving any restricted interest or excess: Articles 19 (2) 3 and 11 (1) of the Act on 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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users);

arrow