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(영문) 서울중앙지방법원 2018.04.11 2018고단915
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten 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

Anyone shall register his/her loan business with the competent authority in order to engage in the loan business, and no unregistered credit service provider shall receive interest exceeding 25% per annum if the loan is made by the unregistered credit service provider.

Nevertheless, the Defendant, without registering a loan business with the competent authority on September 8, 2017, lent KRW 2,00,000 to C at the 2-dong community service center in Gangnam-gu, Seoul, Gangnam-gu, 43-ro 17,00,000,000 after deducting KRW 90,000 from the three-day interest rate, at the 37-day interest rate, and had the court repaid KRW 30,000 per annum for 77 days per day, and received interest rate exceeding 184.3% per annum from January 9, 2017 to January 30, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of each internal investigation report and investigation report (No. 5 No. 5 of the evidence list) statute

1. Registration of loan business, etc. and Article 19(1)1, Article 3(1) (in the case of running a loan business without registration) of the Act on the Protection of Financial Users, registration of each loan business, etc., and Articles 19(2)3 and 11(1) (in the case of receipt of interest exceeding the restricted interest rate) of the Act on the Protection of Financial Users, inclusive of the pertinent legal provisions and punishment for facts constituting an offense, and the choice of imprisonment, respectively;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. An unfavorable circumstance for sentencing under Article 62-2 of the Social Service Order Criminal Act: The Defendant committed the instant crime even though he/she was punished for the same kind of crime.

Considering the period of the defendant's operation of unregistered loan business, the amount of the loan and the amount of the money received exceeding the interest rate, the criminal liability is weak.

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