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(영문) 인천지방법원 부천지원 2015.10.30 2015고정768
대부업등의등록및금융이용자보호에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Any person who intends to operate a credit business shall file for registration with the competent authority having jurisdiction over the relevant place of business for each business office, and shall not receive interest exceeding the rate of 30 percent per annum if an unregistered credit service provider lends a loan.

Nevertheless, the defendant does not register with the competent authorities.

1. Around June 21, 2013, from the “E” of the D Operation in Seocheon-gu, Seocheon-gu, Seocheon-gu, D, 1.5 million won per day when lending 1.5 million won to D, 30,000 won per annum 225.69% per annum by the number of days of repayment received for 60 days;

2. Around June 28, 2013, a 500,000 won additional loan was made to D at the same place as the preceding paragraph, and a 2,00,000 won is the principal, which is the sum of 50,000 won of the principal already leased to D, as described in the preceding paragraph, and 40,000 won was paid annual interest at 225.69% per annum by the number of days of repayment for 60 days each day;

3. At the same place as before and after August 27, 2013, when additionally lending one million won to D, 1.5 million won, which is the sum of 1.5 million won, which is the sum of the remainder remaining after partial repayment, out of the loaned money as referred to in the preceding paragraph, as well as 1.5 million won, shall be the principal, and 30,000 won per day, 225.69% per annum by the number of days of repayment for 60 days.

Accordingly, the Defendant received interest exceeding 30% of the statutory limit interest rate while running a unregistered credit business.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Application of Acts and subordinate statutes of a list of savings deposit transactions;

1. Relevant Article of facts constituting an offense, and Article 19 (1) 1 and Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Selection of fines;

1. Penalty of one million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. The fact that the suspension of sentence is against the crime of Article 59(1) of the Criminal Act, and the interest received.

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