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(영문) 서울중앙지방법원 2018.06.07 2018고단1179
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for six months.

However, between two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who has operated a lending company under the trade name of "E" in Mapo-gu Seoul Metropolitan Government D, and Defendant B is a person who has worked as an employee at that place.

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 where an unregistered credit service provider grants a loan, he/she shall not receive interest exceeding 25% per annum, which is the legal interest rate.

Nevertheless, on March 28, 2017, the Defendants offered loans of 3 million won to G at the coffee shop located in Gangnam-gu Seoul Metropolitan Government F on March 28, 2017, and collected interest of 367.4% per annum by receiving payment for 54 days a day after the delivery of 1.5 million won and 3.6 million won per annum after deducting 1.5 million won per annum from 54 days per day, as shown in the attached list of crimes.

9. Until 13.13, a total of KRW 374 million was loaned to 71 persons, and the amount exceeding the statutory interest of the unregistered credit service provider (Provided, That Defendant B participated in the crime re-crimes Nos. 3 through 66 of the annexed crime list). Accordingly, the Defendants conspired to engage in the unregistered loan business, and the court loans more than self-regulation.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made with respect to G and H;

1. Application of Acts and subordinate statutes to a copy of the process deed, details of each account, list of loans, investigation report (Preparation of a crime list and calculation of interest rates);

1. Relevant legal provisions of the relevant criminal facts, registration of each loan business, etc. for the selection of punishment, and Article 19(1)1 and Article 3(1) of the Act on the Protection of Financial Users, Article 30 of the Criminal Act, registration of each loan business, etc., Articles 19(2)3 and 11(1) of the Act on the Protection of Financial Users, and Articles 19(2)3 and 11(1) of the Criminal Act, Article 30 of the Criminal Act, and each choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. Protection observation and:

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