logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2013.05.29 2012고단3352
대부업의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

A person who intends to engage in credit business shall register with the competent local government 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 interest rate of 30% per annum.

Nevertheless, around October 15, 2010, the Defendant lent 4,750,000 won to D without registering a credit business in the net city C and 75,000 won per day for 80 days (annual interest rate of 219.9%) and operated a credit business. From around that time to April 16, 2012, the Defendant loaned 39,430,000 won in total exceeding the limited interest rate of 14 times, such as the written list of crimes, from around that time to April 16, 2012.

Accordingly, the Defendant operated credit business without registering with the competent local government, and received interest exceeding the limited interest rate as an unregistered credit service provider.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (to review and report on the provisions regarding interest rates for credit business);

1. Application of the Acts and subordinate statutes concerning details of transactions of deposits;

1. Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, Article 19 (1) 1 of the Act on the Registration of Unregistered Credit Business, etc. and Protection of Finance Users, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Selection of Imprisonment;

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

1. Article 62 (1) of the Criminal Act (including the fact that the defendant is against his/her gender and that he/she does not intend to engage in credit business);

1. Probation and community service order under Article 62-2 of the Criminal Act;

arrow