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(영문) 부산지방법원 2018.02.21 2017고정2201

대부업등의등록및금융이용자보호에관한법률위반등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. Any person who violates the Act on the Registration of Loan Business, etc. and the Protection of Financial Users shall register a loan business with the competent authorities of the relevant place of business, and where an unregistered credit service provider grants a loan, the interest rate on the loan shall not exceed 25 percent per annum;

Nevertheless, on February 17, 2017, the Defendant loaned 200,000 won to the obligor B in front of the Hansan-dong located in Busan-gu, Busan-do and received 55 times the annual interest rate of 126.4% per annum, which exceeds 25% per annum, without registering the lending business to the competent authorities, and received 71 million won per annum from September 2016 to March 2017 by paying interest of 50% per annum.

As a result, the Defendant run the lending business without registering the lending business to the competent authorities, and received interest in violation of the restriction on the interest rate.

2. On March 8, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a vehicle with CMara B-W-W-W-W-W-W-W-W-W-W-C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Each police statement protocol with respect to F (tentative name), B, G, and H;

1. Investigation report by the prosecution (report on results of telephone communications between victims and telephone communications);

1. Each police investigation report (as to confirmation of the registration of loan business in the name of the A, attachment of data on analysis of digital evidence, calculation of interest rate, calculation of the number of days, attachment of the calculation statement on the number of days);

1. Report on internal investigation by each police (the investigation of diving on February 16, 200 and the investigation of the location, such as the domicile, and the conditions of loan, of persons under internal investigation);

1. Police seizure records and list of seizure;

1. A letter of arrest of a flagrant offender;

1. Application of seized photographs and Acts and subordinate statutes to the ledger of driver's licenses;

1. Criminal facts;