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(영문) 대구지방법원 2013.05.14 2012노3425

대부업등의등록및금융이용자보호에관한법률위반

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the fine of KRW 6,00,000) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

In the trial court, the prosecutor applied for amendments to the indictment with the content of the charge as stated below, and this court's permission was changed so that the judgment of the court below can no longer be maintained.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) and (6) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, on the ground of the above ground of ex officio reversal, and it is again decided as follows.

Punishment of the crime

Any person who intends to engage in credit business shall register as the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor having jurisdiction over each place of business.

In addition, if a unregistered credit service provider lends a loan to an individual, it does not receive interest exceeding 30% per annum of legal interest rate.

Nevertheless, on August 31, 2010, the Defendant, without registering a credit business, lent KRW 1,880,000 to C at the Daegu Masong-gu Bents shop, and agreed to receive KRW 40,000 per day for 57 days and agreed to receive KRW 40,000 per annum, and received interest at 257.1% per annum, as shown in the attached list of crimes, he received interest from C over 17 times in total.

Summary of Evidence

The summary of the evidence recognized by this Court is as stated in the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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 Punishment (which means the provision of credit business without registration), and Article 19 of the Act on Registration of Credit Business, etc. and Protection of Finance Users.