beta
(영문) 창원지방법원 마산지원 2017.06.21 2017고정163

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

From August 2016, the Defendant is a person who runs a loan business by distributing a pre-stigious name “short-term loan” at a non-stigious location in Changwon-si, Changwon-si.

1. Where a credit service provider without registration of a violation of the Act on the Registration of Large-Scale Side Business, etc. and Protection of Financial Users due to an excessive amount of law makes a loan, the interest rate shall not exceed 25 percent per annum;

A. On September 1, 2016, the Defendant committed the crime against B entered into a loan agreement of KRW 2,700,000,000 with the secondary parent B at the Epio Teaching School in front of the D Elementary School located in Changwon-si, Changwon-si, Changwon-si, the Defendant agreed to receive interest of KRW 60,000 per annum and receive interest of KRW 436.7% per annum from the date of the loan, thereby having agreed to receive interest exceeding its autonomy.

B. The Defendant committed the crime against F entered into a loan agreement of KRW 1,800,000,000 with the recipient F at the E Piano Teaching School located in Changwon-si, Changwon-si, Masan-si, Changwon-si, and the Defendant paid KRW 1,80,000 after deducting 10% of the recipient’s interest, and paid KRW 40,000 each day from the date of the loan to receive interest of KRW 436.7% each year from the date of the loan, thereby having agreed to receive interest exceeding the autonomy of the court.

2. Any person who intends to engage in the business of registering large-scale side business, etc. by unregistered loan business and loan business violating the Act on the Protection of Financial Users shall file for registration with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor or Special Self-Governing Province Governor having jurisdiction over each place of business

Nevertheless, from August 2016, the Defendant distributed a name tag stating “short-term loans” without registering the lending business and lent money to B and F who reported and contacted this under the same conditions as the listed in the foregoing paragraph 1.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to B or F;

1. Application of Acts and subordinate statutes to each investigation report and transaction statement;

1. Relevant Articles of the Act concerning the facts constituting the crime;