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(영문) 대구지방법원 김천지원 2014.08.21 2014고단624
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Any person who intends to engage in credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor having jurisdiction over the relevant place of business, and any unregistered credit service provider shall not receive interest exceeding

Nevertheless, on June 10, 2012, the Defendant, without registering, entered into a loan agreement with the Defendant, which, without deducting KRW 150,000,000,000 from “Dcafeteria” operated by the Defendant on June 10, 2012, loaned the loan principal of KRW 1.85,00,000 per annum exceeding 30% per annum (1.50,000 per annum per annum), and received interest.

In addition, the Defendant engaged in credit business from that time until April 2014 by lending a total of KRW 51,00,000,000 in total, as shown in the attached list of crimes, from that time to that time, and violated the restriction on the interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made to F and G;

1. Application of Acts and subordinate statutes to investigation reports (Submission of details of remittance 1.50,00 won interest on March), investigation reports (Attachment to the details of account transactions, etc.), investigation reports (Listening to the statements of witnesses), investigation reports, and investigation reports (verification of whether credit business is registered);

1. Relevant Article on criminal facts, Article 19 (1) 1, Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 19 (2) 3, and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Article 19 (2) 3, and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and the choice of imprisonment (it shall be considered that the suspension of indictment has been imposed with the same power, the scale of the crime

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

1. Suspension of execution: (a) there are circumstances to take into account the details of the crime or the details of the accusation under Article 62(1) of the Criminal Act; and (b) there are no particular criminal records.

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