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(영문) 서울중앙지방법원 2014.04.30 2014고단1592
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 5,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Any person who intends to operate a credit business shall register the relevant place of business with the competent authority having jurisdiction over the relevant place of business.

No unregistered credit service provider may receive interest at an interest rate exceeding the interest rate prescribed by the President (30/100 per annum).

Nevertheless, on January 4, 2010, the Defendant, in collusion with C, who is a former husband and a person living together, lent KRW 2,770,00 to E from 6-dong 102 of Dobong-gu Seoul Metropolitan Government, and received a total of KRW 36,420,00 in 95 times in 95 times by the day, and received annual interest rate of KRW 167% in 167% from that day until October 25, 2013, and operated credit business without being registered at the same time with interest exceeding the interest rate set by each President over 534 times in total as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the accused by the prosecution (including the statement part ofC);

1. The police statement concerning F;

1. Financial transaction information:

1. Application of Acts and subordinate statutes to investigation reports (report on the calculation of interest rate - Attachment to the Number of Days Calculation Act);

1. Relevant Article of facts constituting an offense, and Articles 19 (1) 1 and 3 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, Article 30 of the Criminal Act, Article 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Articles 19 (2) 3 and 11 of the same Act, Article 30 of the Criminal Act, and each imprisonment and fine concurrently;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62(1) of the Criminal Act (hereinafter “Suspension of Execution”) provides that the nature of the instant crime, without registering both types of punishment under Article 62(1) of the Criminal Act, with high interest rates for multiple debtors for a long time, is not somewhat weak; on the other hand, the Defendant is led to confession, and the Defendant does not have any particular criminal record and uses unlawful methods such as violence.

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