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(영문) 대구지방법원 안동지원 2013.09.24 2012고단1269

대부업등의등록및금융이용자보호에관한법률위반

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

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

Reasons

Punishment of the crime

Any person who intends to operate a credit business shall register with the competent administrative agency.

Nevertheless, the Defendant, without registering with the competent authority on December 201, run credit business, such as lending KRW 100,000,000,000 to C and D for each five-month period on condition that C and D shall be paid a sum of KRW 2,50,000,000 for each five-month period, and paying KRW 7,50,000,000,000,000,000,000,000,000,000.

Summary of Evidence

1. Statements of the defendant in part of the trial records;

1. The suspect interrogation protocol of some police officers against the defendant;

1. Each police suspect interrogation protocol regarding E;

1. Each police statement of C or D;

1. Application of the Acts and subordinate statutes of a list of ordinary deposits;

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

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 provides that "a defendant's assertion against the defendant's assertion that he/she has no history of engaging in credit business." The main sentence of Article 2 subparagraph 1 of the Act on Registration of Credit Business, etc. and Protection of Finance Users provides that "a credit business refers to a business of lending money (including providing money by bill discount, transfer for security, or any other similar means; hereinafter "loan") or a business of collecting claims arising from a loan agreement from a person who has registered his/her credit business pursuant to Article 3 (hereinafter "credit business operator") or a credit financial institution (hereinafter "credit business operator") or a person who has registered his/her credit business pursuant to Article 3 to collect them." The term "business" here refers to a continuous repetition of the same act, regardless of whether the person or material facilities required therefor are installed.