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(영문) 광주지방법원 목포지원 2018.06.15 2018고단117
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 30,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant did not register a loan business, and borrowed 5,00,000 won from a corporate bank located in the upper Dong-dong on October 1, 2016 to D and received 250,000 won (5% of loans) as interest rate of 182.5% per annum after 10 days, and received interest on 767 occasions from that time, as shown in the list of crimes in the attached Table, including the receipt of interest equivalent to 182.5% per annum, from June 28, 2017.

In this respect, the defendant conducted a non-registered loan business, and received interest exceeding the limited interest rate.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement protocol against E, F, G, H, I, J, K, L, M, N, orO;

1. Police seizure records;

1. Application of Acts and subordinate statutes on details of each transaction and copies of account books;

1. Article 19 (1) 1, Article 3 (1) (the occupation of a loan business without registration, the selection of fines), registration of each loan business, etc., and Articles 19 (2) 3 and 11 (1) (the occupation of receiving interest exceeding the interest rate, the selection of fines) of the Act on the Protection of Financial Users concerning criminal facts;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334(1) of the Criminal Procedure Act provides that the nature of the crime of this case where the defendant, for the reason of sentencing of the provisional payment order, received interest exceeding the restricted interest rate while engaging in a loan business without registration, is not weak. The defendant was sentenced to six months for opening gambling on March 9, 2015 and released from prison, and then committed the crime of this case during the repeated crime period after being released from prison, but the defendant committed the crime of this case during the repeated crime period. However, the defendant was committed at the time of committing the crime, and there was no criminal conviction, and some of the borrower do not want the punishment against the defendant, and the defendant's age, sexual behavior, environment, etc.

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