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(영문) 서울북부지방법원 2016.12.22 2016고단4180
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

1. Any person who intends to operate a credit business without registration shall register the business with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province Governor

Nevertheless, the Defendant, without registering with the competent authority on January 30, 201, extended KRW 1,200,000 to C on January 30, 2013, concluded a contract under the condition that KRW 200,000 should be deducted as interest, and paid KRW 150,000 once every time for 10 days, and thereafter, extended money loans to November 28, 2015, including lending KRW 256,675,00 in total over 248 times from that time to November 28, 2015.

2. No person operating a credit business may receive payments in excess of 34.9% per annum, 2.90% per month, or 0.09% per day (27.9% per annum from March 3, 2016, 2.32% per annum, 0.07% per day after March 3, 2016) from an individual or small corporation in accordance with the laws and regulations set by the authorities.

Nevertheless, as described in paragraph (1), the Defendant loaned KRW 1,20,000 to C on January 30, 2013, and deducted KRW 200,000 as interest, and concluded a contract with KRW 150,000 at one time on condition that 154.7% interest was paid at one time for 100 days, and violated the limitation on interest rate by borrowing KRW 256,675,000 in total over 248 times from that time until November 28, 2015, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The first through third police interrogation protocol against the accused;

1. Each police statement made to D, E, F, and G;

1. The decision on recommendations for execution by the Seoul Northern District Court;

1. Details of transactions A in the name of Nonghyup Bank (Evidence No. 56);

1. Response to a request for financial transaction information (No. 58 No. 58);

1. Details of transactions A in the name of the Republic of Korea bank (No. 70 No. 50);

1. Details of transactions of GHyup Bank;

1. Individual;

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