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(영문) 서울중앙지방법원 2014.06.26 2014고단2985
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

A person who intends to engage in credit business shall register with the competent authority of the relevant place of business, and where an unregistered credit service provider provides a loan, he/she shall not collect interest exceeding the interest rate of 30% per annum.

Nevertheless, the Defendant, without registering with the competent authorities, was running credit business in the vicinity of the Gangnam-gu Seoul Metropolitan Government Seo-dong and Ydong. On March 19, 2013, the Defendant loaned KRW 3,000,000 to the victim F within the passenger car volume of the Defendant parked on the front road located in Seocheon-si, Dong-dong and Ydong. On March 19, 2013, the Defendant paid KRW 2,65,000,000 per annum 3,50,000,000,000 per annum 3,50,000 won per annum 7,70,000 won per annum from February 1, 2013 to December 6, 2013. The Defendant was paid interest rate of KRW 6,70,000 per annum to the victims, etc. from February 1, 2013 to 3,000 per annum 14.

Accordingly, the Defendant was engaged in unregistered credit business and was paid interest exceeding 30% per annum.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. To inquire into the details of transactions of deposit and withdrawal, the results of transfer processing, the details of liquidity transactions, and the application of statutes on a copy of a standard contract for each loan transaction;

1. Articles 19 (1) 1 and 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereafter referred to as "non-registered credit business"), Articles 19 (2) 3 and 11 (1) of the same Act (hereafter referred to as "payment of interest exceeding a limited interest rate") of the same Act and the selection of imprisonment, respectively, with prison labor, comprehensively, in regard to the relevant criminal facts;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following sentencing grounds) is disadvantageous to the defendant who repeatedly committed the instant crime even though he/she had a record of being punished for the same kind of crime in 2013.

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