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(영문) 대구지방법원 영덕지원 2016.01.27 2015고단247
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

A person who intends to engage in loan business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business, and if a unregistered credit service provider lends a loan, he/she shall not receive interest exceeding the maximum interest rate under the Interest Limitation Act.

Nevertheless, on April 29, 2014, the Defendant lent KRW 300,000 to C (one person D) in the French-gun, Ulsan-gun, Ulsan-do around 20,000 without being registered with the Gyeongbuk-do branch office, and received interest at the rate of 192.7% per annum by paying 20 times every five days the principal and interest of KRW 195,000 on five days.

In addition, the Defendant, from around that time to March 15, 2015, did not register with the Gyeongbuk-do branch office over 57 times in total, and did not receive interest exceeding 25% per annum, which is the highest interest rate under the Interest Limitation Act.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to C;

1. Written complaint filed against C (Defendant)

1. Application of investigation reports (attached Form No. 2), investigation reports (a copy of books A by a suspect), investigation reports (the process and results of calculating interest rates), financial account transaction details (the separate books) and Acts and subordinate statutes;

1. Article 19 (1) 1, Article 3 (1) (referring to the occupation of unregistered loan business, comprehensive ownership of loan business), registration of loan business, etc., and Articles 19 (2) 3 and 11 (1) of the Act on the Protection of Financial Users (referring to the receipt of excess of interest limits, including the receipt of excess of interest limits, and the selection of imprisonment with prison labor) concerning criminal facts;

1. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes with punishment prescribed in the Act on the Registration of Side Business, etc. due to heavy unregistered loan businesses and the Protection of Financial Users);

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the Defendant’s mistake is all recognized, and this case’s crime is committed.

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