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(영문) 서울중앙지방법원 2018.04.05 2018고단914
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who operated a lending company without trade name in Gangnam-gu Seoul Metropolitan Government B 301.

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 July 24, 2017, the Defendant extended loans of 2 million won to D under subparagraph 507 of Article 507 of the Songpa-gu Seoul Metropolitan Government C Building on July 24, 2017, and collected interest of 383.8% per annum by receiving payment for 40,000 won per day for 53 days after the delivery of 1.6 million won and 2.8 billion won per day, which is 7 days’ advance payment, and collected from January 1, 2017.

9. Until December 25, 200, 440 million won was loaned to 12 persons in total, as shown in the annexed list of crimes, and the amount exceeded the statutory limit interest of the unregistered credit service provider.

Accordingly, the defendant operated a unregistered loan business, and the court loaned the loan beyond the autonomy.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of the Act and subordinate statutes to the investigation report (the list Nos. 5 through 8 of evidence);

1. Relevant legal provisions of the relevant Act concerning criminal facts, registration of the selective loan business, etc. of punishment, and Article 19(1)1, Article 3(1) (including the operation of unregistered loan business, and comprehensive) of the Act on the Protection of Financial Users, registration of each loan business, etc., and Articles 19(2)3 and 11(1) (including the receipt of interest exceeding the interest rate) of the Act on the Protection of Financial Users, and Articles 19(2)3 and 11(1) of the Act on the Protection of Financial Users, respectively;

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

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the Defendant engaged in loan business without registering the loan business, and received high interest rate. The fact that the nature of the crime is not good, while having been sentenced to a fine of KRW 3 million in around 2014 for the same crime, the Defendant committed the instant crime at a disadvantage.

However, the defendant.

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