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(영문) 춘천지방법원 강릉지원 2017.12.21 2017고단1222
대부업등의등록및금융이용자보호에관한법률위반
Text

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

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

Reasons

Punishment of the crime

1. A person who intends to engage in a loan business without registration shall register the loan business with the Mayor having jurisdiction over the place of business;

Nevertheless, the Defendant extended KRW 3 million from the Defendant’s house No. 101 Dong 203 to E on January 20, 201 without registering his loan business to three-five-five times in total, as indicated in the attached crime list No. 1, until March 16, 2017, on the condition that the Defendant repaid KRW 39,000 from the Defendant’s house No. 101-dong 203 to E on 100 days, and operated a loan business without registration.

2. Where a credit service provider, which has not received statutory interest rates, grants or receives a loan, interest exceeding 25% per annum (40% from April 22, 2009 to October 25, 201; 30% from October 26, 201 to July 14, 201; 25% from July 15, 201 to July 14, 201) shall not be granted or received with respect to the interest rate exceeding the maximum interest rate stipulated in Article 2(1) of the Interest Limitation Act.

Nevertheless, on January 20, 201, the Defendant borrowed 3 million won to E from the place of the above paragraph (1) around January 20, 201 and received 39,000 won over a 10-day interest rate of 199.1% interest rate from that time until December 15, 2016, and received interest exceeding the autonomy of the court over 52 times in total, as indicated in the annexed crime list 2.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Each police statement made to E and F;

1. Details of each account transaction and a detailed statement of deposit transaction;

1. Details of each loan;

1. Details, etc. of deposits transactions;

1. Application of Acts and subordinate statutes to an investigation report (calculated the interest rate), an investigation report (calculated the additional interest rate for the crime), and an investigation report (specific relation to the amount specified in the list of crimes);

1. Article 19(1)1, Article 3(1)3, Article 19(2)3, and Article 11(1)1 of the Act on the Protection of Financial Users and Registration of Preliminary Loan Business, etc. for Criminal Facts, and Article 19(1)1, Article 3(1)3, and Article 19(2)1 of the same Act.

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