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(영문) 제주지방법원 2020.04.03 2019고단2516
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who intends to operate unregistered credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor who has jurisdiction

On February 23, 2017, the Defendant, without registering with the competent authority, lent KRW 5 million to B, and paid KRW 4.855 million after deducting KRW 150,000 for prior interest, etc., and loaned KRW 6.50,000 for every 15 days, on condition that 10,000 shall be repaid in ten occasions, and from around that time to August 20, 2019, the Defendant loaned KRW 15,450,000 to seven transaction partners for a total of 30 times, such as the list of crimes in attached Table.

Accordingly, the Defendant, without registering, engaged in credit business.

2. In cases where an unregistered credit service provider that has not received a limited interest rate makes a loan, the maximum interest rate shall not exceed 25% per annum from July 15, 2014 to February 7, 2018, and 24% per annum from February 8, 2018.

Nevertheless, around February 23, 2017, the Defendant loaned KRW 5 million to B, and paid KRW 4.855 million calculated by deducting KRW 1.5 million under the name of prior interest, etc., and received interest exceeding the limited interest rate by lending KRW 139,000 per 150,000 for 10 times every 15 days, including the receipt of principal and interest, from around that time to August 20, 2019.

Accordingly, the Defendant received interest exceeding the limit interest rate.

Summary of Evidence

1. Partial statement of the defendant;

1. A copy of each police statement concerning C;

1. A criminal investigation report (calculated interest rates for each debtor of a suspect A), investigation report (calculated interest rate in excess), the defendant and the defense counsel have lent money to the person who the defendant knows.

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