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(영문) 대전지방법원 천안지원 2013.11.15 2013고단1134
대부업의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor 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

[Judgment of the court below] The defendant organized a number of serials, raised loan funds with the limit paid by the members of the fraternity, and operated credit business by lending money to those who need money for the purpose of securing loan funds, after having them join the fraternity for the purpose of securing loan funds.

【Criminal Facts】

1. Any person who intends to operate an unregistered credit business shall file for registration with the Mayor/Do Governor having jurisdiction over the relevant place of business;

Nevertheless, on June 13, 2008, the Defendant loaned the amount of KRW 920,000,000,000 to the obligor D for 3 months, without registering with the competent authorities, on condition that the obligor D will receive interest of 20% per month for 10% for 13 months. From around that time to February 18, 2013, the Defendant loaned the total amount of KRW 53 times for 17 as shown in the separate crime list (1).

2. No credit service provider that has not received any excess interest shall receive interest exceeding 30% per annum when making a loan;

Nevertheless, the Defendant lent 28.7 million won after deducting 1.3 million won from the advance interest to E at the place specified in Paragraph (1) of April 21, 2010, and violated the restriction on the interest rate by receiving the interest of KRW 8.55 million equivalent to 5.7% per annum of the principal for 189 days from the above E, as well as by lending 215,000,000 more than 15 times in total from around that time to February 25, 2012, as shown in the List of Crimes (2) of the attached Table, and received interest in violation of the restriction on the interest rate.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each prosecutor's statement concerning E and F;

1. Statement of each police station;

1. Complaint;

1. Details of each account;

1. Each investigation report and accompanying documents;

1. Records of seizure and the list of seizure;

1. Application of the photographic Acts and subordinate statutes;

1. Article 19 of the Act on Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts;

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