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(영문) 춘천지방법원 강릉지원 2014.04.08 2014고단54
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

1. Any person who intends to operate a credit business without registration shall register the credit business with the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors, or Special Self-Governing Province Governors having jurisdiction over the relevant place of business by place of business;

On February 11, 2011, the Defendant, at the Defendant’s home located in C, without registering a credit business, lent KRW 1,00,000,000 from January 29, 201 to July 3, 201, on the condition that D was repaid 40,000 won by 30,000 won in return for a credit service without registration, from January 29, 201 to July 3, 201.

2. Where an unregistered credit service provider, who runs a credit business without registering the fact that it exceeds statutory interest rates, lends a loan, the interest rate shall not exceed 30 percent per annum from the maximum interest rate of 40 percent per annum, which is stipulated in Article 2 (1) of the Interest Limitation Act (30 percent from October 26, 201 to 30 percent of the interest rate limitation), with respect to the lending and borrowing of money stipulated in paragraph (1) of the same Article;

On February 11, 2011, the Defendant, at the Defendant’s home located in C, on March 2, 2011, without registering credit business, borrowed KRW 1 million on the condition that D borrowed money was repaid for KRW 30,000,000,000 to D and received interest at KRW 336.10% per annum exceeding the statutory interest rate, and received interest over 58 times from January 29, 2010 to July 3, 2013, as shown in Table 2 of the Crimes List.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement concerning E, F, G, and H;

1. The application of Acts and subordinate statutes to each financial institution replys, internal investigation reports (related to whether a person is registered as a credit business of A), documents attached to a loan certificate, etc., copies of deposited passbook (number of days), suspect pocket book copies, and copies of investigation reports;

1. Registration of the relevant Article of criminal facts, credit business, etc. and protection of finance users;

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