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(영문) 대구지방법원 2013.04.10 2012고정4097

대부업등의등록및금융이용자보호에관한법률위반

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Any person who intends to engage in credit business or credit brokerage business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayors, or Do Governors having jurisdiction over the relevant place of business;

Nevertheless, on April 8, 201, the Defendant, without registering with the competent administrative authority on April 15, 200, lent a passenger car of KRW 9 million to C who wants a loan in the Daegu-gu B parking lot as a collateral, and received an interest rate of KRW 5 million for two months from May 1, 2008 to March 1, 201, and operated a credit business for unspecified persons from May 1, 2008 to July 2, 201.

In this respect, the Defendant run unregistered credit business.

2. A credit service provider may not, as above, receive a loan from an individual or a small-scale corporation in excess of the interest rate prescribed by the Enforcement Decree of the Credit Business Act (30 per annum).

Nevertheless, as described in the preceding paragraph, the Defendant loaned KRW 9 million to C for two months, and received interest of KRW 50,000 for each month from 5% of the loan (per month 450,000) and received interest of KRW 60% per annum, and received interest as described in the attached list of crimes.

Accordingly, the Defendant received interest exceeding the interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the interest rate calculation for interest received by a suspect (general) - the details of loans and deposits, investigation reports (general) - the interest rate calculation method;

1. Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning facts constituting an offense, and Article 19 (1) 1, Article 3 (1) of the Act on the 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, and the selection

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

1. Articles 70 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;