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(영문) 광주지방법원 해남지원 2020.06.04 2020고단21
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Any person who intends to operate a credit business shall file for registration of the credit business with the competent administrative agency having jurisdiction over the relevant place of business by each place of business.

Nevertheless, the Defendant, without registering a credit business with the competent authority on May 21, 2012, lent KRW 57.6 million to B from the insane area south-do, and agreed to obtain 2.4 million interest per month after deducting the principal from the interest rate of KRW 2.4 million. Around January 28, 2013, the Defendant agreed to lend KRW 300 million to B and provided credit business against C and D, including lending KRW 176.2 million in fact from around that time to May 20, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. The prosecutor's office and the police's statement concerning B;

1. Statement made to D by the police;

1. One copy of a detailed statement of interest payment, details of borrowing, and borrowing;

1. One copy of each loan certificate (the No. 9, 17 of the evidence list);

1. A copy of an account transaction statement;

1. A copy of a real estate sales contract, one copy of a mortgage contract, one copy of a certificate of completion of report on real estate transaction contract, one copy of a copy of a register, one copy of a copy of a copy of a register, one copy of a copy of a petition (Evidence No. 29), a copy of a document verifying contents, a letter of claim, a copy of a written judgment, a copy of a notice of date and a copy of a written judgment, a notice of assignment of claims (349 pages of investigation records), and a certificate of contents (Evidence No. 354-356 pages of investigation records) in each copy of a notice of results of civil petition;

1. Court rulings (268 pages 271 to 271 of investigation records) in cases of the Gwangju District Court Branch of 2017 Godan502 among a summary order and a non-prosecution decision and a written opinion (Evidence No. 28)

1. Determination as to the defendant and his/her defense counsel's assertion about the investigation report (the suspect's non-registration of the credit business - the complete registration office), the request for confirmation as to whether the credit business is registered, and the result of confirmation

1. The Defendant did not engage in loan activities as a business.

2. The main sentence of Article 2 subparag. 1 of the Act on Registration of Credit Business, etc. and Protection of Finance Users is the same.

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