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(영문) 서울중앙지방법원 2017.06.29 2017고단2950
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

The five-party Samsung mobile phones seized, the 5-one-party mobile phone, the one-party bank, the one-party bank, and the other.

Reasons

Punishment of the crime

A person who intends to run a loan business or a loan brokerage business shall register with the competent authority having jurisdiction over the relevant place of business, and the highest interest rate shall not exceed 25% per annum if an unregistered credit service provider lends a loan.

The Defendant is a person operating unregistered loan companies under Article 301 of the Dongdaemun-gu Seoul Metropolitan Government E-building 300,000 won, and the Defendant loaned KRW 500,000 to F on November 16, 2015, and issued KRW 300,000 after deducting KRW 20,000 as a prior interest, and received 50,000,000 per annum with repayment as principal and interest.

As a result, the Defendant extended KRW 1,860,60,000 to March 31, 2017 (excluding the part for which interest was paid in excess of the interest rate from January 1, 2016 to March 2, 2016) as shown in the attached list of crimes (excluding the part for which interest was paid in excess of the interest rate, from January 1, 2016 to March 2, 2016) 4,958, totaling KRW 1,860,60,000 in 2,971,50,000 and without registration to the competent authorities, and received interest exceeding 25% per annum, which is the limited interest rate.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of a suspect of the police officer with regard to G, H and I;

1. The application of Acts and subordinate statutes to investigation reports (as regards the process of identifying the act of collecting illegal claims with KK of debtorJ, telephone conversations, and extraction and calculation of logs of loan business crimes);

1. Article 19(1)1 and Article 3(1) of the Act on the Registration of Terms and Conditions for Criminal Facts and the Protection of Financial Users (hereinafter “Unregistered Loan Business”), registration of each old loan business, etc., and Article 19(2)3 and Article 11(1) of the former Act on the Protection of Financial Users (Amended by Act No. 14072, Mar. 3, 2016) (amended by Act No. 14072, Mar. 3, 2016) on the registration and financial user protection.

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