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(영문) 의정부지방법원 2016.10.28 2016고단3486
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten 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

around May 28, 2015, the Defendant, a person operating a lending company with the trade name “C” without registering credit business, lent KRW 500,000,000,000,000,000,000 from the front convenience store of the D D Building in Guro-gu Seoul, and received interest at the annual interest rate of KRW 1,042.85,000 from one week to 70,000,000,000,000 from the above date to February 12, 2016.

Accordingly, the defendant operated unregistered credit business and received interest exceeding the legal interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of remittance certificates and Acts and subordinate statutes on account transactions;

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 (including the occupation of running unregistered credit business), Article 19 (2) 3, and Article 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (the occupation of receiving interest exceeding

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

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant's act of receiving interest exceeding the limited interest rate while running unregistered credit business is against the financial order and the legislative purpose of the Act on Registration of Credit Business, etc. and Protection of Finance Users in order to protect the economically weak and promote the sound development of credit business, which is against the legislative purpose of the Act on Registration of Finance Business, etc. and Protection of Finance Users; the crime is not good; the defendant has been punished for each suspended sentence over two times in 2010 and 2011; the defendant is not guilty of the crime of this case.

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