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(영문) 대구지방법원 2012.10.17 2012고정2505

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Any person who intends to engage in credit business shall register as the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor having jurisdiction over each place of business.

In addition, if a unregistered credit service provider lends a loan to an individual, it does not receive interest exceeding 30% per annum of legal interest rate.

Nevertheless, on August 31, 2010, the Defendant, without registering credit business, lent KRW 1,880,000 to C at the Daegu Masong-gu Bents shop, and agreed to receive KRW 40,000 per day for 60 days and agreed to receive KRW 30,000 per annum, and received interest over KRW 15,979,000 in total over 17 times as shown in the attached list of crimes, and received interest exceeding the limited interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A list of transactions;

1. A copy of bankbook;

1. Application of Acts and subordinate statutes governing interest rate calculation;

1. Relevant Article of facts constituting an offense, and Articles 19 (1) 1 and 3 (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, and Article 2 (1) of the Interest Limitation Act;

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

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;