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(영문) 대구지방법원 서부지원 2018.10.17 2018고단612
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. A person who intends to engage in loan business without registration shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business for each place of business;

Nevertheless, the Defendant entered into a loan contract with D on March 5, 2013, and thereafter loaned KRW 5 million to D, deducted KRW 250,000,000, and transferred KRW 47550,000 to D accounts in the name of D, etc. In addition, the Defendant loaned KRW 157,020,000 over 41 times from around that time to October 18, 2016, and run the loan business without registering with the Mayor/Do Governor by means of receiving reimbursement of KRW 323,160,000 in total.

2. Where an unregistered credit service provider grants a loan on July 14, 2014, it shall not collect interest exceeding 30% per annum, which is the statutory maximum interest rate until July 15, 2014, and 25%, which is the statutory maximum interest rate, from July 15, 2014.

Defendant borrowed KRW 5 million at the date, time, and place described in the foregoing paragraph 1, as described in paragraph 1, and deducted KRW 250,000,000, and remitted KRW 4.755 million to D, and received interest at 192.1% per annum by borrowing KRW 5 million after 10,000 from around that time to October 18, 2016, the Defendant borrowed KRW 157,020,000 as stated in the List of Crimes in the attached Table Sheet, and received interest in violation of the restriction on interest rate over 41 times in total by receiving KRW 323,160,00 as principal and interest.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Attachment of data, such as details of repayment of principal and interest, a copy of the loan certificate, investigation report (Attachment of details of transactions in A of Suspected Crime), investigation report (specific of loans and repayment amount), investigation report (specific of the amount of principal and interest repaid by the complainant in E account), request for cooperation in an investigation (specific of the amount repaid by the complainant), investigation report (verification of loans and repayment amount), investigation report (re-verification of repayment amount), response data on request for cooperation in an investigation (final adjustment of the amount repaid), investigation report (determination of interest rate, unregistered loans and repayment amount), and investigation report (determination of interest rate

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