beta
(영문) 대구지방법원 포항지원 2012.11.22 2012고정554

대부업의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of seven million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant runs a credit business in the name of “B”.

1. Where an unregistered credit service provider causes a loan to a finance user, it shall not exceed the annual interest rate of 30% in accordance with Presidential Decree concerning the highest interest rate;

Nevertheless, on October 7, 2010, the Defendant loaned KRW 5,000,00 to the non-persons who are financial consumers who operated the entertainment tavern called “F” located in Nam-gu E at port at the D parking lot operated by the Defendant in North-gu, North-si, North-si, the Defendant offered a loan of KRW 2,50,000,000,000 in advance and KRW 4,755,00,000, and paid it within one month.

Under the above loan terms, the Defendant violated the interest rate limit by receiving 63.1% per annum, such as the receipt of agricultural accounts (G) in the name of the Defendant or cash, and by receiving more than 30% per annum from the obligor H and the influence winners as shown in the attached list of crimes.

2. Any person who intends to operate a credit business shall register with the competent Do governor;

Nevertheless, the Defendant engaged in unregistered credit business, such as lending money to those who have not been involved in the name of financial consumer without registration of credit business, like the above Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of H;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the transaction statement of passbook to the defendant);

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 facts constituting an offense and Article 19 (2) 3 and Article 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (1) 1 and 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;