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(영문) 서울중앙지방법원 2018.12.19 2018고정2468
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to engage in loan business shall register with the administrative agency having jurisdiction over the relevant place of business for each place of business, and shall not receive interest exceeding 25% per annum if an unregistered credit service provider grants a loan.

On May 1, 2017, the Defendant voluntarily discontinued the operation of the lending company by registering the lending business with the trade name C around May 1, 2017. On October 2017, the Defendant filed an application for re-registration of the lending business but rejected the application, with the intention to run the unregistered lending business.

The Defendant, without registering with the authority on January 22, 2018, lent KRW 1.5 million to E-legal office in Jung-gu Seoul, Seoul, to F, and issued KRW 1.1 million after deducting the interest of KRW 400,000 from the preferred interest, and received interest of KRW 300,000 per month from February 22, 2018 and KRW 5,44,3,2,100 per month from February 22, 2018.

6. A party agreed to receive a total of KRW 1.65 million from February 22, 2018 to May 10, 2018 and received a total of KRW 1.62 million from the said F as principal and interest.

Accordingly, the Defendant operated a unregistered loan business, and received interest at least 213% per annum in excess of the limited interest rate.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on a fair deed;

1. Article 19(1)1, Article 3(1)3, and Article 11(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, and Article 19(1)1, and Article 3(1) (a) of the Act on the Protection of Financial Users, and Articles 19(2)3 and 11(1) (a) of the Act on the Registration of Loan Business, etc., and the Protection of Financial Users, concerning the relevant 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant was punished several times for the same crime, but at all times, he did not register the loan business and received interest exceeding the limited interest rate.

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