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서울중앙지방법원 2018.08.21 2018고단3966
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

[2] On August 28, 2009, the Defendant was issued a fine of KRW 3 million at the Seoul Eastern District Court on August 28, 2009, a fine of KRW 1.5 million at the Seoul Central District Court on June 18, 2010, a fine of KRW 3 million at the Seoul Central District Court on July 12, 2012, and a fine of KRW 5 million at the Seoul Central District Court on November 21, 2012, respectively.

[2] The Defendant is a person who has run a loan business without trade name from August 9, 2012 to August 2016, 2016, Gangnam-gu Seoul Metropolitan Government D Apartment 102 Dong 2102.

A person who intends to engage in loan business shall register the relevant place of business with the administrative agency having jurisdiction over the relevant place of business, and where an unregistered credit service provider grants a loan, the interest rate shall not exceed 30% per annum from June 30, 2007 to July 14, 2014, and 25% per annum from July 15, 2014 to February 7, 2018.

Nevertheless, on October 2012, the Defendant provided KRW 5 million to E at the Gangnam-gu coffee shop in Gangnam-gu, Seoul, and received interest of KRW 136.2% per annum by lending 100,000 per day from 100 daily 100 days, as shown in attached Table 2-5 from around that time to June 15, 2015, and was paid interest exceeding the statutory limit by lending KRW 36 million in total five times from June 2, 2012 to June 15, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with respect to F;

1. A written accusation;

1. The photograph of the A office, each loan certificate, and the copy of the passbook in the name of A;

1. Investigation report (whether the suspect A loan business is registered);

1. Previous convictions: Application of the Acts and subordinate statutes to inquire of criminal history and report of investigation (a summary order of the same kind as the suspect A and a summary of case information is attached);

1. Article 19(1)1 and Article 19(1)1 of the Act on the Protection of Financial Users and Registration of pertinent legal provisions regarding criminal facts and selective loan business, etc.

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