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(영문) 대구지방법원 2013.04.17 2012고정4584

대부업등의등록및금융이용자보호에관한법률위반

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Any person who desires to operate a credit business as a business of delivering or receiving money, shall register with the administrative agency having the jurisdiction over the place of business concerned.

Nevertheless, the Defendant:

1. Around 13:30 on April 20, 2012, at the Daegu Seo-gu cafeteria, a non-registered credit business was run by lending KRW 3.7 million, excluding KRW 300,000,000 per day as prior interest and commission, and applying annual interest rate of KRW 401.9% on a condition that 80,000 per day be repaid for 65 days.

2. No credit service provider or actual operator of a credit business may charge interest exceeding 30% on a loan to an individual or a small-scale corporation;

Nevertheless, the Defendant operated the credit business subject to the interest rate under the above Paragraph (1) and exceeded the restriction on the interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report internal investigation of the C’s statement;

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;