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(영문) 대전지방법원 2013.08.16 2013고단2392
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 7, 2011, the Defendant, without registering with the competent authority, operated a non-titled loan company under Article 102 of the Daejeon Dong-gu Daejeon Building 102. On May 7, 2012, the Defendant loaned KRW 2.85 million, deducting 1,50,000 from the pre-paid interest, at the “Fac shop” operated by the first floor E of the Daejeon Daejeon D Building 1, a loaning KRW 3 million to E, and at least 60,000,000 per annum, the Defendant agreed to receive interest equivalent to KRW 1,50,000 per annum from the 60-day one day to November 1, 2012.

2. The Defendant, like paragraph 1, was provided with interest exceeding the interest rate of 30% per annum as prescribed by the Presidential Decree from E on four occasions on November 1, 2012, including that: (a) the Defendant engaged in a credit business without registration; (b) loans KRW 3 million to E; (c) deducted KRW 150,000 in advance under the name of commission and advance interest; and (d) the repayment period was 60 days in the form of 60,000 won; and (c) received interest from E more than the interest rate of 30% per annum as

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to E of the statement statement;

1. Article 19 (1) 1 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, Article 19 (1) 1 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (Amended by Act No. 11544, Dec. 11, 2012); Article 3 (1) of the former Act on Registration of Credit Business, etc. and Protection of Finance Users (Amended by Act No. 11544, Dec. 11, 2012); Article 19 (2) 3 of the former Act on Registration of Credit Business, etc. and Protection of Finance Users (amended by Act No. 11544, Dec. 3, 201);

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

1. Article 62 (1) of the Criminal Act;

1. The Act on Probation, etc.;

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