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(영문) 광주지방법원 2014.04.30 2013고단6039
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Criminal power is a person who was sentenced by the Gwangju District Court to suspend sentence due to the crime of forging securities, etc. and such judgment became final and conclusive September 7, 2013.

Criminal facts

On July 16, 2010, the Defendant, without registering credit business, lent 4 million won interest of 396 million won to C at the Nam-gu Busan District Office located in Nam-gu, Gwangju, Gwangju, on condition of 10 million won and 400 million won interest, and received principal and interest interest of 400 million won on that day, and loaned 1.5 billion won interest of 365% interest per annum to 2 debtor as shown in the annexed crime list, such as the list of crimes No. 1-4.

Accordingly, the defendant operated credit business without registration, and received interest exceeding the statutory limit interest rate.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A report on internal investigation (attaching materials submitted by a debtor C);

1. Data on the current status of loans;

1. Application of Acts and subordinate statutes to a report on investigation (the calculation of interest rates per annum and attachment to a list of crimes);

1. Relevant Article 19 (1) 1 and Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 2 (1) of the Interest Limitation Act (the fact that the interest was paid in excess

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the reason for sentencing is not good in light of the frequency of the instant crime and the amount of the instant crime, it does not seem that the Defendant committed the instant crime as a professional credit service provider, and at the same time, judgment is rendered by the Defendant simultaneously with the crime of forging securities.

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