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(영문) 전주지방법원 2013.11.27 2013고정916

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of four 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 is a person who operates a credit business without registering the credit business.

If an unregistered credit service provider lends a loan, it shall not receive interest exceeding the interest rate of 30% per annum.

1. The Defendant at the end of February 2010

3. At the early following: (a) hearing the phrase “A” may lend money from C to operate the frequency of the Victim D; (b) under the agreement to lend KRW 30 million to the victim at the interest rate of 5% per month; (c) on March 2, 2010, after deducting 5% of the interest at the victim’s account via E’s account, only KRW 28.5 million was paid each month after deducting 5% of the interest at the interest rate of KRW 63% per annum.

2. The Defendant at the end of April 2010

5. On May 3, 2010, in the traditional teahouse, in which it is impossible to identify the trade name in the name in the name of Seocho-si, an agreement was made to lend KRW 50 million to the victim at 5% monthly interest and 5%, and only KRW 47.5 million was deducted from the victim’s account through the account in the name of E on May 3, 2010, and only KRW 47.5 million was paid to the victim’s account in the name of F each month, and received 6.3% interest annually.

Accordingly, the Defendant received interest exceeding 30% per annum, and operated credit business without registration.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning D and E;

1. Application of each detailed Act and subordinate statutes;

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