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(영문) 서울동부지방법원 2014.12.18 2014고단2215
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years 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 by place of business, and where unregistered credit service providers lend a loan, they shall not

Nevertheless, the Defendant did not register with the competent authority on December 30, 2010, extended KRW 10 million to the victim D at the defendant's house located in the 3rd floor in Gwangjin-gu Seoul Special Metropolitan City on December 30, 2010, and received interest at a rate of KRW 136.2% per annum from the victim for 100 days a day by paying KRW 120,000 per annum ( principal KRW 100,000 and interest KRW 20,00 per annum) and received interest at a rate of 36% per annum from around that day to April 8, 2013 as shown in the list of crimes in the attached Form.

Accordingly, the Defendant did not register with the competent authorities, and received interest exceeding 30% per annum, which is the highest interest rate under the contract for monetary lending and lending.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A report on investigation (a copy of the details of passbook transactions);

1. Application of Acts and subordinate statutes to a detailed statement of money transactions, copies of passbooks, remittance details, etc., written confirmation of transfer results, details of transactions, and calculation statement of annual interest rate per number

1. Article 19 (1) 1, Article 3 (1), Article 19 (2) 3, and Article 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, Article 2 (1) of the Interest Limitation Act (Violation of Interest Rate of Unregistered Credit Service Providers, and Selection of Imprisonment);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant is led to confession and reflect, there is no record of punishment for the same crime, and 15 million won for the victim.

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