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(영문) 서울중앙지방법원 2018.05.16 2018고정952
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a loan business without a special trade name in the residence of the defendant in Seoul Jung-gu.

Any person who intends to run a loan business or a loan brokerage business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or special Do Governor having jurisdiction over the relevant place of business, and where an unregistered credit service provider grants a loan, he/she shall receive interest within the extent not exceeding 25 percent per annum.

Nevertheless, the Defendant, on March 27, 2017, advertised the term “a rapid loan and the refund of self-employed persons” in a way to distribute the leaflets to an unspecified number of unspecified persons, and extended a loan of KRW 14 million to C under a condition that the Defendant redeems KRW 16 million each day for 80 days at a total of KRW 20 million (123.3% per annum) and received interest exceeding the autonomy of the court. From that time, the Defendant loaned a total of KRW 71 million to eight persons, as indicated in the attached list of crimes, from July 27, 2017, and received interest exceeding the autonomy of the court.

As a result, the Defendant received interest exceeding the autonomy of the law while running the loan business through unregistered registration.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on internal investigation (the telephone investigation to verify whether loans have been repaid);

1. A report on investigation (victim D currency);

1. A report on investigation (related to submission of the victim's currency and written statements);

1. Application of the respective Acts and subordinate statutes of E and F;

1. Article 19(1)1 of the Act on the Registration of Preliminary Loan Business, etc., and Article 19(1)1 and Article 3(1) of the Act on the Protection of Financial Users concerning criminal facts, registration of loan business, etc., Articles 19(2)3 and 11(1) of the Act on the Protection of Financial Users, and selection of fines, respectively;

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

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.

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