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(영문) 대전지방법원 천안지원 2013.07.18 2013고단501
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

The defendant is a person who engages in a credit business with interest on lending money to many unspecified persons in the defendant's residence located in Asan-si G.

Any person who intends to engage in credit business shall register his/her business with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor")

Nevertheless, on May 28, 2008, the Defendant agreed to the loan interest rate of 108% per annum (108% per annum) when concluding the loan agreement between H and 2 million won, which was found as the introduction of a Do Governor without being registered with the Mayor/Do Governor at the residence of the Defendant.

In addition, from May 28, 2008 to February 7, 2012, the Defendant concluded a loan agreement with a total of 41,1480,000 won on a total of 70 occasions, such as the attached list of crimes, and provided and received interest exceeding the limited interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect of H by the prosecution;

1. Each protocol of prosecutorial statement concerning I, J and K;

1. Each investigation report (report accompanied by a detailed statement of deposit transactions);

1. Application of each statute on a loan certificate;

1. Article 19(1)1 and Article 3(1) of the Act on the Registration of Credit Business and Protection of Finance Users (which was amended by Act No. 9344, Jan. 21, 2009) regarding criminal facts; Article 19(2)2, Articles 11 and 8(1) of the former Act on the Registration of Credit Business and Protection of Finance Users (which was amended by Act No. 9344, Jan. 21, 2009); Article 19(2)2 of the former Act on the Registration of Credit Business and Protection of Finance Users; Article 11(1) of the former Act on the Registration of Credit Business and Protection of Finance Users; Article 2(1) of the Interest Limitation Act (which violated the restriction on interest rates set forth in Table 13); Article 19(2)3 and Article 11(1) of the Registration of Credit Business, etc. and Protection of Finance Users.

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