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(영문) 부산지방법원 2015.09.03 2015고정2808

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Any person who intends to run a credit business shall register with the competent authority, and in cases of unregistered credit service providers, the maximum interest rate for lending and borrowing of money shall not exceed 25 percent per annum.

Nevertheless, at around 15:40 on August 7, 2014, the Defendant, without registering credit business, lent KRW 80,000 to E who is a taxi engineer using one's DNA straw vehicle at the 2nd floor parking lot located in the Busan Geum-gu, Busan, and received interest of KRW 154.7% per annum by 120,000 per annum on eight occasions in total on ten days from that time. From that time to September 11, 2014, the Defendant loaned an amount equivalent to KRW 3.6 million to six persons exceeding the limited interest rate without registering credit business as shown in the annexed list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on loans;

1. Relevant Article 19 (1) 1 and Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts, Article 19 (2) 3 and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 2 (1) of the Interest Limitation Act and selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Consideration that a person repeats a crime, despite the previous reason for sentencing;