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(영문) 서울서부지방법원 2013.07.02 2013고단672
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six 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

On July 13, 2011, the Defendant was sentenced to a fine of 500,000 won by the Seoul Western District Court for violating the Act on Registration of Credit Business and Protection of Financial Users.

The Defendant operated the lending company (registration period: from October 24, 2008 to March 8, 2011) with the trade name “D” in Mapo-gu Seoul Metropolitan Government from October 2008 to June 201.

On August 3, 2009, the Defendant lent KRW 10 million to E in active duty-related area in Gangnam-gu, Seoul, and deducted KRW 1.7 million for five-day advance interest and commission, and received interest of KRW 8.3 million per annum exceeding 256.2% per annum by receiving a total of KRW 11.4 million per day for 95 days.

In addition, from this point to November 1, 201, the Defendant received interest exceeding 30 to 49% per annum from E on a total of nine occasions, such as the list of crimes in the list of crimes.

The defendant of "2013 Godan1167" was revoked on March 8, 2011 while running credit business under the name of "D" in Mapo-gu Seoul Metropolitan Government F 201.

A person who intends to engage in credit business shall register with the competent authority, and where a unregistered credit service provider provides a loan, he/she shall not receive interest exceeding the interest rate of 30% per annum.

Nevertheless, around October 15, 201, the Defendant loaned KRW 20 million to H at the G apartment parking lot in Gyeyang-gu Incheon Metropolitan City, and with respect to KRW 10 million each day, 120,000 won per annum 136% per annum by concluding a contract for the number of days of full payment for 10,000 won per day, and with respect to the remainder of KRW 10,000,000 per annum 90,000 per annum, the Defendant carried on money lending at a rate of 90% per annum per month and operated legal interest rate and unregistered credit business.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement of E and H;

1. Loan transaction contract, number of days account books, and inquiry and reply;

1. Each report on investigation;

1. Report: A reference report, such as criminal records, etc., and the application of the Act and subordinate statutes for investigation reporting;

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