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(영문) 서울중앙지방법원 2014.06.19 2014고단1896
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for ten months and a fine of ten thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Any person who intends to engage in credit business shall register the relevant place of business with the competent authority, and shall not collect interest exceeding 30% per annum from an unregistered credit service provider, if the unregistered credit service provider provides a loan.

Nevertheless, the Defendant, without registering a credit business with the competent authority on October 11, 2013, lent KRW 9.7 million from F to E “E” located in the third floor of the building in Gangnam-gu Seoul Metropolitan Government, for 1.65 days on a daily basis, a loan of KRW 300,000,000 after deducting KRW 300,000,000 from F, for 1.65 days from May 8, 2012 to December 30, 2013, without registering a credit business with the competent authority, and received interest by lending KRW 703,650,000 in total to 51 persons, such as F, etc., more than the interest rate of KRW 30% per annum, as described in the list of crimes in the attached Table, and received the interest.

(However) However, the summary of the evidence is as follows: (a) [Attachment 5 and 83 [Attachment 5] as “H”; (b) 6-I as “B; (c)” as “L; (d) 80-K as “L”; and (c) 81-M as “N; and (d) 118-O” as “P,” respectively.

1. Defendant's legal statement;

1. Each police statement about F, Q, R, S, and T;

1. Report on internal investigation (related to the submission of a detailed account statement) and report on internal investigation (related to the calculation of interest rate);

1. Investigation report (Preparation of a list of crimes and submission of a detailed statement of passbooks), investigation report (report on confirmation as to whether a suspect has registered credit business);

1. Application of two Acts and subordinate statutes to suspect bank transactions;

1. Relevant Article of facts constituting an offense, and Articles 19 (1) 1 and (3), 3 (1) (referring to the provision of credit business without making registration, including the provision of credit business without making registration) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, and Articles 19 (2) 3 and (3), and 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (including the receipt of excess interest by an unregistered credit service provider): Imprisonment with prison labor and fines shall be imposed concurrently;

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

1. The former Criminal Act No. 12575, May 14, 2014.

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