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(영문) 대구지방법원 2013.05.08 2012고정3612

대부업등의등록및금융이용자보호에관한법률위반

Text

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

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

Reasons

Punishment of the crime

On January 25, 2011, the Defendant registered a credit business with the trade name “C Credit Business” to the Daegu Northern-gu Office. On February 18, 2011, the Defendant loaned KRW 3 million to D and loaned KRW 270,000,000 per month interest rate of KRW 533.33% per annum on the condition of repayment of principal three months, and violated the statutory interest rate of KRW 105,00 per annum on seven occasions from February 18, 2011 to January 31, 2012 by obtaining the minimum annual interest rate of KRW 97.73% per annum and maximum of KRW 5333% per month on the condition of repayment of principal.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A detailed statement of trading (233 pages of investigation records);

1. Each certificate of borrowing and each receipt;

1. A report on investigation (317 pages of investigation records);

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

1. Article 19 (2) 3 and Article 8 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (Amended by Act No. 11544, Dec. 11, 2012) applicable to facts constituting an offense;

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;