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(영문) 부산지방법원 2020.06.04 2020고정378

대부업등의등록및금융이용자보호에관한법률위반

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Defendant shall be punished by a fine of KRW 3,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person who intends to engage in credit business shall register the relevant place of business with the administrative agency having jurisdiction over the relevant place of business, and where an unregistered credit service provider grants a loan, he/she shall not receive interest in excess of the interest rate prescribed by the Interest Limitation Act (25% per annum from July 15, 2014 to February 7, 2018, and 24% per annum from February 8, 2018).

Nevertheless, the Defendant, without registering a credit business, lent KRW 2 million to B on August 1, 2017, after deducting KRW 2,300,000 for a notarial fee and interest, etc., 1.770,000 won per annum, 40,000 won per annum, and received interest of KRW 295.3% per annum for 60 days per day. < Amended by Act No. 1974, Nov. 9, 2017; Act No. 1975, Nov. 2, 2017; Act No. 2450, Jan. 1, 2015; Act No. 15006, Jan. 2, 2018; Act No. 15006, Mar. 17, 2018; Act No. 15080, Mar. 3, 205>

Accordingly, the Defendant operated unregistered credit business and received interest exceeding the maximum interest rate under the Interest Limitation Act.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 19 (2) 3 and Article 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and the Selection of Punishment, Article 19 (2) 1 and Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (1) 1 and 3 (1) of the Act on the Protection of Finance Users, and Selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is punished as the same offense in 2014.