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(영문) 청주지방법원 2015.11.12 2015고단1585
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

except that 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

Where unregistered credit service providers grant a loan, the interest rate shall not exceed 25% per annum, and a person who intends to engage in credit business shall register in accordance with Acts and subordinate statutes, even if the Defendant, around July 17, 2014, lent KRW 1 million to D at the C coffee shop located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu and received interest of KRW 225.7% per annum for 60 days per day, while paying KRW 20,000 per day from July 17, 2014, as well as from May 1, 2015, the phrase “ around January 5, 2015” written indictment is a clerical error.

(See Attached Table 7). By up to 34 times, it is clear that the indictment was erroneously omitted by 34 times, such as in the attached list of crimes, such as in the attached list of crimes.

A total of KRW 100 million was loaned and received interest exceeding the limited interest rate, and run credit business without registration.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Response, each investigation report, each certificate of details of the membership transaction account, each loan transaction standard contract, each certificate of borrowed money, and the application of Acts and subordinate statutes of the commissioner of each receipt of the request for investigation and cooperation;

1. Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts and Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (2) 3 and 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, and Article 2 (1) of the Interest Limitation Act (which violates the restriction on interest rates of unregistered credit service providers and

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

1. The instant crime with the reason for sentencing under Article 62(1) of the Criminal Act requires a disturbance of financial order and to eradicate it by impairing the sound development of the national economy. On January 7, 2015, the instant crime was committed even if a fine of KRW 3 million was received on January 7, 2015 due to the distribution of the advertising leaflets for credit business.

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