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(영문) 의정부지방법원 고양지원 2016.05.26 2016고단463
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No one shall run a side business or a loan brokerage business without being registered with the competent authority, and where an unregistered credit service provider lends a loan, it shall not exceed 25% per annum, which is the highest interest rate under the Interest Limitation Act.

Nevertheless, the Defendant, without registering with D, intended to engage in a loan business with interest exceeding 25% per annum, which is the highest interest rate under the Interest Limitation Act. On December 2, 2015, the Defendant, from Gwanak-gu in Seoul Special Metropolitan City, lent KRW 150,000 to F, and deducted KRW 150,000 as prior interest, deducted KRW 150,000 as prior interest, and received interest rate of KRW 436.7% per day on a 65-day basis, and was paid with interest rate of KRW 36.7% on a 65-day basis. In addition, the Defendant, as indicated in the list of crimes in the attached Form, was a loan business that receives interest exceeding 27 persons per annum, which is the highest interest rate under the Interest Limitation Act.

Accordingly, the defendant, in collusion with D, did not register with the competent authorities and did not pay interest exceeding 25% per annum under the Interest Limitation Act, which is the highest interest rate.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Application of Acts and subordinate statutes to a report on investigation (on a daily basis);

1. Article 19(1)1 and Article 3(1) of the Act on the Registration of Preliminary Loan Business, etc. and Protection of Financial Users concerning criminal facts, Article 19(2)3 and Article 11(1) of the Act on the Protection of Financial Users, Article 30 of the Criminal Act ( comprehensively including, but not limited to, the operation of unregistered loan business), registration of each loan business, etc., and registration of each loan business, Articles 19(2)3 and 11(1) of the Act on the Protection of Financial Users, Article 30 of the Criminal Act (violation of interest rate limitation, and choice of imprisonment);

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Code of the suspended sentence (hereinafter the following sentencing is considered as favorable circumstances) was that the Defendant, while engaging in loan business without registering together with D, was the highest interest rate of 690.6% for 27 persons in the amount exceeding 60 million won.

The defendant.

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