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(영문) 의정부지방법원 2018.05.25 2018고단787
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. A person who intends to engage in loan business with unregistered loan business shall register with the competent Mayor/Do Governor;

Nevertheless, on September 30, 2016, the Defendant, without registering the loan business, agreed to receive interest of 10% per month from a restaurant operated by C in Yangju-si, Gyeonggi-do, and agreed to borrow KRW 1,60,000 to the above C, as well as lending KRW 504,09,270 in total from May 2014 to September 2017.

2. Where an unregistered credit service provider grants a loan from June 30, 2007 to July 14, 2014, it is prohibited to collect interest exceeding the interest rate of 30% per annum and the interest rate of 25% per annum from July 15, 2014 to February 7, 2018.

Nevertheless, the Defendant, as a unregistered credit service provider, received 10% interest per month from the borrower C, D from May 2014 to August 2017, and received 3% interest from the borrower E and F each month from the borrower E and F in excess of the limited interest rate.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The details of account transactions, internal investigation reports (verification of whether a loan business is registered), loan certificates, letters, details of accounts, investigation reports (person G (other party to account transactions), telephone conversations from a witness G, telephone conversations from a witness H (other party to account transaction), telephone investigation into a witness D (other party to account transaction), call investigation into a witness I (other party to account transaction), telephone statement investigation into a witness E (other party to account transaction), telephone statement investigation into a witness E (other party to account transaction), J from a witness, K (other party to account transaction) and investigation reports;

1. Application of the police seizure protocol statutes;

1. Registration of a legal loan business, etc. for facts constituting an offense and registration of a loan business, etc. under Articles 19(1)1 and 3(1) of the Act on the Protection of Financial Users (in the case of operating a loan business without registration) and a financial user.

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