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(영문) 인천지방법원 2020.01.17 2019고정2466
대부업등의등록및금융이용자보호에관한법률위반
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Defendant shall be punished by a fine of KRW 3,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

B without trade name, a person who is operating credit business against citizens of the Incheon National Assembly member, and the defendant is a person in charge of the distribution of name cards for promotion of credit business in B as the friendship of the above B.

1) A person who intends to engage in a credit business must register the credit business with the administrative agency having jurisdiction over the pertinent place of business. Nevertheless, the Defendant, in collusion with B on September 18, 2019, lent KRW 900,000 to D and operated the unregistered credit business. 2) The unregistered credit service provider should not lend money to the opposite contractual party in excess of 24% per annum as stipulated in the Interest Limitation Act.

Nevertheless, around September 18, 2019, the Defendant loaned KRW 100,000 to D who are attending the company of Ansan Co., Ltd., and deducted KRW 100,000,000, and loaned KRW 900,000 to the Defendant, subject to the repayment of the principal and interest of KRW 20,000 per day for 65 days, and violated the interest rate limitation provisions.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Investigation reports (Calculation of the interest rate on the number of days), investigation reports (a statement of the fact of damage and reasons attached to the statement);

1. Application of a copy of loan documents (D);

1. Relevant Article on criminal facts, Articles 19 (1) 1 and 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 30 of the Criminal Act, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 30 of the Criminal Act, and selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in recognizing and reflecting the instant crime.

The defendant.

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