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(영문) 대전지방법원 천안지원 2013.11.29 2013고단1119

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Any person who intends to run a credit business shall file for registration with the Mayor/Do Governor having jurisdiction over the relevant place of business, and where an unregistered credit service provider grants a loan, the unregistered credit service provider shall not exceed the maximum interest rate provided for in the Interest Limitation Act (30% per annum after June 30, 2007).

On June 25, 2010, the Defendant loaned the amount of KRW 2 million to the injured party B at an interest rate of KRW 429.4% per annum, on condition that he/she is paid interest at an annual interest rate of KRW 429.4% per month, without being registered with the competent administrative authority in an influence near the Nam-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Incheon, without being registered with the competent administrative authority, around June 25, 201 (on an actual payment of KRW 1.7 million after subtracting the interest rate of KRW 1.5% from the first month of the month at KRW 2 million) from around that time to August 18, 2011, the Defendant loaned the amount of KRW 8 million per annum three times, such as the statement A - The interest rate of KRW 429.4% per annum.

Accordingly, the Defendant operated unregistered credit business and received interest in excess of the limit.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of suspect examination of the accused (including C's statement part);

1. Each police statement concerning B and C;

1. Complaint;

1. Each financial transaction statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles 19 (1) 1, 3, 19 (2) 3, and 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act is that the defendant does not have the same criminal record for the reason of sentencing, the other party to credit business is limited, the defendant is not fully reimbursed, the defendant is led to the confession of the crime of this case, the circumstances leading to the crime of this case, the scale of the transaction amount of this case, and the defendant took the action.