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(영문) 대구지방법원 2015.09.18 2015고정1690

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who has run a credit business without registration.

Any person who intends to engage in credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor, who has jurisdiction over the relevant place of business, and the interest rate thereof shall

Nevertheless, the Defendant did not register a credit business.

1. On November 5, 2014, a loan of KRW 2.17% per annum on the condition that the debtor D is paid the principal and interest for 10,000 won per 3.9 million per month in the notarial services office located in the Daegu Seo-gu, Daegu, Daegu, and the debtor D at the notarial services office, and received interest of KRW 41.37% per annum.

2. Around 11:00 on December 9, 2014, a loan of KRW 2,600,000 to E on the condition that the debtor is paid the principal and interest for ten months each month in the said C notary office, with KRW 2,60,000,000 per annum, was paid with interest at 36% per annum.

3. Around 11:00 on May 8, 2015, a loan of KRW 2,600,000 to debtor F on the condition that the debtor F is paid 2,000,000 per month for ten months, with interest of KRW 36% per annum.

Accordingly, the Defendant did not register credit business, received interest exceeding 25/100 per annum from the obligor, and violated the statutory interest rate limitation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each notarial deed;

1. Details of deposits and transactions;

1. Application of Acts and subordinate statutes to report internal accidents;

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, and 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, Article 2 (1) of the Interest Limitation Act (the point where interest exceeding the interest rate

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 Criminal Procedure Act;