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(영문) 대구지방법원 서부지원 2014.12.29 2014고단1463
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal power] On July 1, 2011, the Defendant was sentenced to a fine of KRW 700,000,000 for a violation of the Act on the Registration of Credit Business, etc. and Protection of Financial Users, and a summary order of KRW 500,000,000 for a fine for the same crime from the Port Branch of the Daegu District Court on July 16, 201. On August 29, 2012, the Defendant was sentenced to a fine of KRW 7 million for the same crime.

【Criminal Facts】

Any person who intends to run a credit business shall register his/her business with the administrative agency having jurisdiction over the relevant place of business, and no one shall collect the interest that exceeds the maximum interest rate (30% per annum) determined by the Presidential Decree from any unregistered credit service provider.

Nevertheless, the Defendant, from around 2011, engaged in credit business in the name of Daegu City Council member and the name of D, etc. from around August 31, 201, agreed to provide a loan of 4 million won to E in a place where the location is unknown, deducting 200,000 won as a fee, and actually provide a delivery of 3.8 million won to E in a place where it is not possible to identify the location, to receive a total of 4.8 million won per day after deducting 3.8 million won per day (one year, 219.9% per annum).

From that time to September 29, 2014, the Defendant loaned 1.55 billion won over 725 times in all of the following methods, as shown in the list of crimes, and received the principal and interest pursuant to such an agreement.

Accordingly, the Defendant received interest exceeding the limited interest rate while running a credit business without registering with the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to an investigation report (a copy of the ledger of the settlement of accounts seized at the residential places and offices);

1. Interest rates under Articles 19 (1) 1 and 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Financial Users regarding criminal facts, and Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Financial Users;

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