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(영문) 서울동부지방법원 2018.09.13 2018고단2456
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to engage in loan business or loan brokerage business due to loan business without registration and in violation of the Act on the Protection of Financial Users shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province branch having jurisdiction over the relevant place of business;

Nevertheless, on April 1, 2016, the Defendant did not register with the competent authority, and entered into a loan agreement with the head of Seongdong-gu Seoul Metropolitan Government to lend KRW 30,000,000 to the said C, and receive the remainder of KRW 17,40,000 after 10 days from the 10th day to the repayment of KRW 17,40,000,000, and received reimbursement of the principal and interest on two occasions from such Si to the end of April 28, 2016, and received reimbursement of KRW 502,40,000 in total from such Si to September 28, 2017, as shown in the list of crimes in attached Table 23 times.

In this respect, the defendant did not register with the competent authorities and did the lending business.

2. The interest rate on loans made by a registered credit service provider that violated the Act on the Registration of Side Business, etc. due to excess of the interest rate and the Protection of Financial Users shall not exceed 24 percent per annum;

Nevertheless, the Defendant loaned 30,00,000 won to the above C without registering with the competent authorities at the time and place specified in the foregoing paragraph 1, and received 17,40,000,000 won after April 1, 2016 and repayment of 10,000 won after 20, and received 382.97% interest per annum by again receiving repayment of 17,40,000 won after 20, as stated in the list of crimes in the attached Table, and received interest of 382,40,000 won per annum 382.97% per annum or 259.48% per annum.

Accordingly, the Defendant received interest exceeding the interest rate of 24% per annum.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on loan outline and account transaction details;

1. The business of providing appropriate legal assistance and selective loans to criminal facts;

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