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(영문) 대구지방법원 2013.05.08 2012고정2605

대부업등의등록및금융이용자보호에관한법률위반

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

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

Reasons

Punishment of the crime

1. Where an unregistered credit service provider or an unregistered credit service provider lends a loan to an individual, the interest rate shall not exceed 30 percent per annum;

Nevertheless, in collusion with C, the Defendant:

(a) Loaning KRW 80,000,000,000,000,000 as interest for 15 months each month to the first and second wounded on January 2007 (the first and second Dom Dom Dom Dom) (the first Dom Dom Dom Dom Dom Dom) who received 300,000,000,000 won

(b) around May 13, 2009 lending KRW 800,000,00, after deducting 200,000,000 from the prior interest, on condition that 60,000 won shall be repaid to E on a daily basis (525.4% per annum);

(c) around May 18, 2009 loan 1,275,000 won calculated by deducting 225,000 won from prior interest, on condition that F shall be repaid in 30,000 won per day on 50 days (243.4% per annum);

D. Around October 2, 2009, G loaned a loan of KRW 2.7 million after deducting the interest of KRW 3 million from the prior interest of KRW 3 million on the condition that it would be repaid after the month from October 2, 2009.

(133% per annum) Accordingly, the Defendant received interest exceeding the interest rate limit.

2. Any person who intends to operate unregistered credit business shall file for registration with the head of the competent local government.

Nevertheless, the Defendant, in collusion with C, lent a loan to four persons including F, etc. from January 2007 to October 2009, and operated unregistered credit business.

Summary of Evidence

1. Each legal statement of witness H and G in part;

1. Statement made by C of a witness in the fourth trial record;

1. The police suspect interrogation protocol of H;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the investigation report (G telephone statement lent fromC), investigation report (calculated annual interest rate), investigation report (C data submission); and investigation report (C data submission);

1. Article 19(2)2, Articles 11, and 8(1) of the Act on Registration of Credit Business and Protection of Finance Users (amended by Act No. 8700 of Dec. 21, 2007), Article 30 of the Criminal Act (a) of the same Act, Article 19(2)3, and Article 11 of the Act on Registration of Credit Business, etc. and Protection of Finance Users, which are applicable to facts constituting an offense, and the selection of punishment.