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(영문) 창원지방법원 밀양지원 2013.03.14 2012고정240

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. Where a person intends to engage in a credit business that engages in the grant of money without registration and brokerage of giving and receiving money, the Defendant, despite having to register the credit business with the competent administrative agency pursuant to relevant Acts and subordinate statutes, did not register the credit business with the competent administrative agency; the Defendant, at the Defendant’s house located in the same military C around July 3, 2009, granted D KRW 1,000,000 to E at the same place as on September 1, 2009; and around March 31, 2010, KRW 4,500,000 to D at the same place on the same date as on March 31, 2010; and around May 18, 2010, granted D KRW 5,500,000,000 to D to receive KRW 300,000,000 as loans from G with the same military F around November 8, 2010.

2. In a case where a credit service provider, who did not violate the interest limitation rate, lends a loan to an individual, small corporation, etc., the interest rate shall not exceed 30% per annum. Nevertheless, the Defendant, at around November 8, 2010, received 300,000 won per annum from G, on the ground that he was paid 30,000,000 won per annum to G from the H clothes shop operated by G in G in G in G in G in G in Gyeong-gun, Y, and received interest at the interest rate of 133% per annum by receiving 30,000 won per annum.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement of G and E;

1. A copy of each loan certificate;

1. A list of transactions;

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

1. Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts, 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 Selection of each fine;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.