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(영문) 대구지방법원 서부지원 2016.06.03 2016고단448
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users;

(a) Any person who intends to engage in unregistered loan business shall register with the Office having jurisdiction over the relevant place of business by each place of business;

Nevertheless, on July 15, 2015, the Defendant did not register with the competent authority, and entered into a loan agreement with B prior to the Daegu Industrial University, Daegu, Daegu, as a result of lending KRW 100,000,000,000 per day to four persons, including lending KRW 90,000 per day after deducting KRW 100,000 from the fees, and actually receiving KRW 20,000 per day from October 6, 2015.

(b) Where a credit service provider that has not received or paid interest in excess of the interest loans to an individual, the interest rate shall not exceed 25 percent per annum;

Nevertheless, the defendant extended a loan to an individual as above and received an average of 420% per annum, such as the list of crimes in the attached list.

2. On July 2015, the Defendant violated the Automobile Management Act: (a) the Defendant removed and operated a registration number plate of a two-wheeled automobile owned by the Defendant with a view to avoiding the crackdown on illegal loan business as set forth in paragraph (1) from the company of the Nam-gu, Daegu, Daegu, for the purpose of avoiding the regulation on the illegal loan business of the two-wheeled automobile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police;

1. Occurrence of a violation of the Automobile Management Act and arrest report;

1. Application of the Acts and subordinate statutes on each loan certificate and seal imprint certificate;

1. Article 19(1)1, Article 3(1)3, Article 19(2)3, and Article 11(1) (a) of the Act on the Registration of Loan Business, etc., and Protection of Financial Users for criminal facts; Article 81 subparag. 1, and Article 10(2) of the Automobile Management Act (the removal of a registration number plate); Article 19(2)3, and Article 11(1) of the same Act (the receipt of more restrictive interest); Article 81 subparag. 1, and Article 10(2) of the same Act (the removal of a registration number plate); Article 19(2) of the same

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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