logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2012.12.13 2012고단3093
대부업등의등록및금융이용자보호에관한법률위반
Text

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

However, 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

In the event that the Defendant extended a loan to a person who has registered a credit business under the trade name of Seo-gu B apartment 201 Dong 1302, Seo-gu, Daejeon (C), the Defendant did not receive interest exceeding 39% a year. However, the Defendant, around September 28, 201, lent 2850,000 won to F from the “Emart” in the Seo-gu Seoul Special Metropolitan City D market and concluded a loan agreement and received interest payment on the condition that the Defendant repaid the principal and interest in 40,000 won a day for 90 days from that time, and paid the interest at a rate exceeding 39% a year, which is the maximum legal interest rate, by receiving the payment of the interest, and as described in the attached Table 1, as described in the “Embol 1” from February 1, 2011 to March 5, 2012.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement related to F and G;

1. Investigation reports, etc.;

1. Application of the loan details and loan agreement, and the statutes governing the details of the agricultural bank account transactions;

1. Relevant Articles 19 (2) 3 and 8 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts and the Selection of Punishment, and Articles 19 (2) 3 and 8 (1) of the Act on the Protection of Finance Users (the fact

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

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order are poor to the nature of the crime of this case, and the defendant is willing to repent his mistake and not to repeat again, and the sentence of suspended execution is to be imposed in consideration of the defendant's age, circumstances after the crime, family relationship, etc., and probation and community service order should be added to prevent recidivism. It is so decided as per Disposition.

arrow