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(영문) 서울동부지방법원 2020.06.19 2020고단794
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

However, the defendant shall be sentenced to the above punishment for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to engage in credit business shall register the relevant place of business with the administrative agency having jurisdiction over the relevant place of business, and where an unregistered credit service provider lends a loan, he/she shall not receive interest exceeding the statutory interest rate (25% per annum from March 3, 16 to February 7, 18, and 24% per annum from February 8, 2018).

Nevertheless, on November 15, 2016, the Defendant, without registering credit business, lent 10 million won to C at dan operated by Jung-gu Seoul, Jung-gu, Seoul, on condition that C pay interest of KRW 1,160,000 to C, and received interest of KRW 764,384 ( annual 42.3%) in excess of statutory interest on February 21, 2017, as shown in the attached list of crimes in the attached list of crimes, and received KRW 12,158,192 (total amount of interest received KRW 36,340,000) in excess of statutory interest on KRW 321,00,00 over 35 occasions, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement prepared by a special judicial police officer C;

1. First loan documents, C's latest inquiry about the details of transactions, C's statement of repayment of debts, and statement of accounts for excessive payments;

1. Application of Acts and subordinate statutes to a report on investigation (revision of a list of crimes);

1. Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, 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 unregistered credit business), Articles 19 (2) 3 and 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, Article 2 (1) of the Interest Limitation Act (the occupation of receipt

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users) / [Determination of Penalty] Violation of the Credit Business Act and the Debt Collection Act / [Type 2] unregistered credit business, etc.

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