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(영문) 서울서부지방법원 2018.11.28 2018고단3473
범죄수익은닉의규제및처벌등에관한법률위반등
Text

A defendant shall be punished by imprisonment for four 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. Violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users;

(a) Any person who intends to engage in a loan business without registration shall register with the competent authorities;

Nevertheless, on December 2017, the Defendant, without registering a loan business, lent 2,50,000 won to C from Eunpyeong-gu Seoul Metropolitan Government to KRW 3,000,000,000, excluding the advance interest of KRW 1,50,000,000, and lent money to 70,000 won per day under the condition of repayment to D’s passbook (E) for 52 days, and operated a loan business without registration by lending the total amount of KRW 22,00,000 from November 1, 2017 to January 2018, as in the annexed list of crimes.

(b) If a credit service provider with no statutory limit or interest is making a loan, the credit service provider shall not receive interest exceeding 25% per annum;

Nevertheless, the Defendant, at the date, time, at the place, as described in paragraph 1, did not register with the competent authority as described in paragraph 1, provided that the Defendant loaned money to all eight persons, such as C, including C, at a rate exceeding 25% per annum from November 2017 to January 2018, 219.4% per annum and at a rate of 873.9% per annum.

(c)

No person other than a person who has registered his/her loan business with the competent authority for illegal loan advertising shall advertise the loan business.

Nevertheless, on November 22, 2017, the Defendant, while running a lending business without registering with the competent authorities, advertised the lending business in a way that it spreads on the floor by entering a name-based leaflet with a loan advertisement stating "Trush loans, 100% loans, 10% loans, 10% loans to employees (business women), able to be extended, bad credit standing, and cell phone number F" at the Seodaemun-gu Seoul Metropolitan Government Northern Zone.

2. The Defendant violated the Act on the Concealment, Regulation, Punishment, etc. of Criminal Proceeds shall apply the statutory limit interest rate without registering the loan business as set forth in paragraphs (1) through (b).

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