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(영문) 의정부지방법원 2015.08.04 2015고단1281
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Any person who intends to engage in credit business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business, and where an unregistered credit service provider lends a loan, he/she shall not receive interest exceeding the statutory interest rate.

Nevertheless, the Defendant, without registering a credit business, lent KRW 7,60,00 to C at the office located in Guri-si B on August 16, 2013, and received KRW 11,340,000 in total as the principal and interest name from November 16, 2013, and received KRW 3,740,000 in excess of 30% per annum of legal interest rate from around 20 times to June 2, 2014, and received KRW 32,940,00 in total as interest as shown in the annexed crime list from around 20 times to June 2, 2014.

Accordingly, the Defendant did not register a credit business, and was paid interest exceeding the statutory limit interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A criminal investigation report (to be accompanied by a statement of bank transactions with victims C);

1. Investigation report (report on the current status of registration of credit business by a suspect);

1. Application of Acts and subordinate statutes to report on investigation (statement of repayment amount and calculation of interest rate);

1. Relevant Article on criminal facts, Article 19 (1) 1, Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 19 (2) 3, and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 2 (1) of the Interest Limitation Act, and Article 2 (1) of the Act on the Protection of Finance Users, shall be punished by imprisonment, respectively;

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 in the suspended sentence has the record of being sentenced to a fine once for the same crime, protecting finance users who are the economically weak, and promoting the sound development of credit business.

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