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(영문) 의정부지방법원 2013.12.19 2013고단4135
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who registered a credit business under the name of “C” in the Guri-si B and 302. In the event of a loan, the Defendant did not receive interest exceeding 39% per annum. However, around June 16, 2013, the Defendant loaned 200,000 won to E from the “F clothing store operated by E” in subparagraph 228 of the D Building 228 at Yangju-si, and actually agreed to pay 1.9 million won after deducting 100,000 won under the name of the prior interest, and to receive 40,000 won per annum a year exceeding 39% per annum (39% per annum), which is the highest legal interest rate, and received a loan from June 10, 2013 to October 12, 2013 at the statutory interest rate exceeding 7,300,000 won per annum 39% per annum.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement to E by the police;

1. Registration certificate of credit business;

1. Investigative Report (Report on Confirmation of AFC Account under the name of the suspect), - Records of NongHyup Account Transactions, - Records of NongHyup Account Transactions, - Investigative Report (Attachment to Loan-Related Data), - Application of some Acts and subordinate statutes of data, such as standard contract for loan transactions;

1. Article 19 (2) 3 and Article 8 (1) of the Act on the Registration of Credit Business and Selection of Punishment concerning Criminal Facts and the Protection of Finance Users;

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

1. Although there is much room for strictly punishing the defendant in light of the fact that the crime, such as this case’s reason for sentencing under Article 62(1) of the Criminal Act, is an offense disturbing financial transaction order against the debtor who lacks economic power, and that the amount of the loan or interest rate of this case is considerable, there is no criminal record of the defendant, and there is no record of punishment exceeding the fine, and that the defendant is against the confession of the crime.

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