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(영문) 광주지방법원 목포지원 2013.10.24 2013고단1311
대부업등의등록및금융이용자보호에관한법률위반
Text

The punishment of the accused shall be eight months by imprisonment.

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

Reasons

Punishment of the crime

A person who intends to engage in a credit business shall register with the competent authority having jurisdiction over the relevant place of business, and even if a unregistered credit service provider is not to receive interest exceeding 30% per annum, the Defendant, without registering the credit business, agreed to pay 2,650,000 won after deducting 350,000 won under the name of commission and prior interest, and to receive 2,00,000 won for every five days. The Defendant, from March 10, 2011 to May 16, 201, transferred a total of 3,750,000 won from the above B to receive interest of 234.76% per annum, and from November 10 to April 25, 2013, the Defendant loaned a total of 30% interest rate of 10,000 won to C and 50% per annum, as stated in the attached Table 305% per annum.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement (five pages, 119 pages) with respect to B;

1. Application of the Acts and subordinate statutes described in the investigation report (B) and the investigation report (Preparation of a list of crimes);

1. Article applicable to criminal facts;

(a) The point of each of the unregistered credit businesses indicated in its holding: Articles 19 (1) 1 and 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, collectively;

(b) The point of receiving interest in excess of the limit: Article 19 (2) 3 and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 2 (1) of the Interest Limitation Act;

1. Of concurrent crimes, the provision of the former part of Articles 37, 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment provided for in the Act on Registration of Credit Business, etc. Due to Unregistered Credit Business, which is the largest holding of punishment, and Protection of Financial Users);

1. It shall be decided as ordered for a reason under Article 62 (1) of the Criminal Act (including the fact that there is no criminal record of imprisonment or more severe punishment);

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