logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.06.28 2018고단1900
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a unregistered loan company in Gangnam-gu Seoul and 301.

A person who intends to engage in loan business shall register the relevant place of business with the competent authority, and shall not receive interest exceeding 25% per annum if an unregistered credit service provider grants a loan.

On September 15, 2017, without registering a loan business within the D coffee shop located in Gangnam-gu Seoul Metropolitan Government, the Defendant loaned KRW 2,60,000,000 to E by way of principal and interest payment, and agreed to deliver fees of KRW 1,00,000 and KRW 1,40,000,000,000 per annum after deducting KRW 1,000,000 from interest payment, to the above E, and to pay KRW 2,40,00 per week for every nine weeks as principal and interest, and received interest from the above E for five weeks thereafter, and received interest from the above Party at the rate of 292.9% per annum from that time to December 15, 2017, as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a statement of account), a report on investigation (to be submitted after preparing data on the list of loans), a report on investigation (to be repaid in case of a complainant)

1. Registration of the relevant legal loan business, etc. for facts constituting an offense, and Articles 19(1)1 and 3(1) (including the occupation of unregistered loan business, including the occupation of unregistered loan business), registration of each loan business, etc., and Articles 19(2)3 and 11(1) (the occupation of receiving interest exceeding the limited interest rate) of the Act on the Protection of Financial Users, and the choice of imprisonment each;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. A crime falling under Article 62(1) of the Act on the Suspension of Execution and Punishment of Sentence 1 (Scope of Recommendation) is a violation of the law on the loan business and the basic area (from June to January, 1) of the two types (unregistered loan business, etc.) (special sentencing factors) [the scope of Recommendation] of Article 62(1) of the Criminal Act.

arrow