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(영문) 광주지방법원 2017.06.21 2017고단1900
대부업등의등록및금융이용자보호에관한법률위반
Text

The punishment of the accused shall be determined by ten months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, without registering a loan business with the competent authority on October 24, 2014, loaned KRW 300 million to E, who is the operator of the D Co., Ltd., and agreed to receive KRW 390 million by December 23, 2014 as principal and interest until December 23, 2014, and accordingly, delivered KRW 100 million on November 24, 2014 to the competent authority. From January 27, 2015 to June 26, 2015, the Defendant received the highest legal interest amounting to KRW 87,054,795,000,000 from January 27, 2015 to June 26, 2015, extended the maximum interest amounting to KRW 450,000,000 to KRW 47,50,500,000 on May 15, 2015.

Accordingly, the Defendant was paid interest exceeding 25% per annum by running a unregistered loan business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A written investment agreement and a fair deed made on October 24, 2014;

1. Application of Acts and subordinate statutes on account details;

1. Relevant Article 19(1)1, Article 3(1) (a), Article 19(2)3, and Article 11(1) of the Act on the Protection of Financial Users and the Registration of Preliminary Loan Business, etc. for Criminal Facts; Articles 19(2)3 and 11(1) of the same Act; Article 2(1) of the Act on the Protection of Interest Restrictions (as a whole, the point of receiving interest exceeding the interest rate in excess of the interest rate); Articles 19(2)3 and 11(1) of the same Act; Articles 2(1

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. As to the suspended sentence under Article 62(1) of the Criminal Act, the period during which a person engages in a business without registration and receives interest exceeding the limited interest rate, the number of business partners, the amount of interest received in excess of the limited interest rate, the amount of the same crime has no record of being punished, the confession of the crime, the amount of interest received in excess of the limited interest rate has been returned, and all of the sentencing conditions shown in the arguments of this case, including the defendant's age, sex, sex, environment, circumstances of the crime, and circumstances after the crime.

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