logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2017.12.20 2017고단2323
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

A person who intends to engage in loan business shall register the loan business to the competent authority having jurisdiction over the relevant place of business, and where a unregistered credit service provider lends a loan to an individual or small corporation, the interest rate shall not exceed 25% per annum.

Nevertheless, on July 14, 2016, the Defendant loaned KRW 5,00,000 per annum to D from 204,000 to 22 times a day by requiring the Defendant to repay KRW 100,000 per annum, and received interest of KRW 298% per annum from around that time until June 14, 2017, and violated the restriction on the interest rate by receiving a loan interest of at least 25% per annum from the competent authorities without registering the loan business to the competent authorities as described in the separate crime list from around that time.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Four photographs, three photographs, such as a credit card, three copies of an investigation report (whether the victim D, F, G statement and interest rate were violated), the number of days per annum based on autonomous calculation results, internal investigation report (in addition to a result of the analysis of digital evidence on a mobile phone), the response of digital evidence analysis results, the response of digital evidence analysis results, the report on digital evidence analysis results, one CD-1, telephone number book, internal investigation report (in addition, etc., a copy of the number of days seized by a suspect A), two copies of seized articles, photographs, number of days, two copies of books, internal investigation reports (specific as the list of crimes A), and investigation reports (for a single victim telephone investigation);

1. Application of Acts and subordinate statutes of subparagraphs 1 through 5 of the seized evidence;

1. Article 19 (1) 1, Article 3 (1) (the point of business without registration) of the Act on the Registration of relevant legal loan business for criminal facts and the Protection of Financial Users, Article 19 (2) 3, and Article 11 (1) of the Act on the Registration of respective loan business and Protection of Financial Users (the point of violation of the restriction on interest rates);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. Order of community service;

arrow