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(영문) 제주지방법원 2018.09.07 2018고단94
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. When a person intends to engage in a loan business that runs a business of lending money in unregistered loan business, he/she shall register with the competent authorities;

Nevertheless, on September 9, 2015, the Defendant, without registering with the competent authority, lent KRW 1 million to C at a non-permanent area (hereinafter referred to as the “Seoposi”) and delivered KRW 900,000,000,000,000, which is calculated by deducting the interest of KRW 100,000,000 from the pre-paid interest, until the principal is repaid, and run the unregistered loan business at least 220 times by April 23, 2017.

2. Where an unregistered credit service provider grants a loan in excess of the interest rate, the interest rate shall not exceed 25 percent per annum;

Nevertheless, on September 9, 2015, the Defendant agreed to receive 100,000 won interest for 100,000 won for 10,000 won until principal is repaid to C, and received interest at the rate of 266% per annum exceeding the restriction rate under the above agreement, and from that time, received interest exceeding the restriction rate of 220,000 won for the principal that was loaned over 220 times, as stated in the list of crimes in the attached Table from April 23, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement on D, E, F, G, H, I, J, K, C, L, M, N,O, P, Q, and R;

1. Responses to a request for cooperation in investigation;

1. A protocol of seizure and a list of seizure;

1. Investigation report (the result from the analysis of digital evidence of suspect A mobile phone mobile phone);

1. Details of transactions by account, and application of the Acts and subordinate statutes governing the suspect A-use account;

1. Relevant legal provisions concerning criminal facts, registration of the selective loan business, etc. of punishment, and Article 19(1)1, Article 3(1) of the Act on the Protection of Financial Users (referring to the occupation of unregistered loan business, including the occupation of unregistered loan business), registration of each loan business, etc., and Articles 19(2)3 and 11(1) of the Act on the Protection of Financial Users, Article 2(1) of the Restriction on Interest Act (the occupation of receiving interest exceeding the statutory maximum interest rate), and each choice of imprisonment;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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