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(영문) 서울중앙지방법원 2015.07.09 2015고정1751

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

1. Any person who intends to operate an unregistered credit business shall register with the Special Metropolitan City Mayor, etc. having jurisdiction over the relevant place of business;

Nevertheless, on August 21, 2014, the Defendant, without registering a credit business, lent KRW 300,000 to C who reported and contacted a loan advertisement in Dongjak-gu Seoul Metropolitan Government B on August 21, 2014, and run a credit business by January 14, 2015 as shown in the attached list of crimes.

2. Where an unregistered credit service provider that has not received interest exceeding the interest rate makes a loan, it shall not receive interest exceeding the maximum interest rate under the Loan Agreement (30% per annum until July 14, 2014 and 25% per annum from July 15, 2014) under the Interest Limitation Act.

Nevertheless, on August 21, 2014, the Defendant loaned KRW 300,000 to C in Dongjak-gu Seoul Metropolitan Government on July 21, 2014, and received an amount equivalent to the interest rate of KRW 3,476% per annum after seven days after repayment of KRW 500,00,00, and received interest exceeding the limited interest rate by lending KRW 34,30,000 in total over 49 times to 27 persons as shown in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, D, and E;

1. Details of admission and withdrawal, and details of financial transactions;

1. Application of Acts and subordinate statutes to report on investigation;

1. Article 19(1)1, Article 3(1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, Article 19(2)3, and Article 11(1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, Article 19(2)3, and Article 11(1) of the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014); Article 2(1) of the former Interest Limitation Act (amended by Act No. 12227, Jan. 14, 201); Article 19(2)3, and Article 11(1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users; Article 2(1) of the former Interest Limitation Act (amended by Act No. 12227, Jan. 14, 201).