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(영문) 대구지방법원 경주지원 2014.07.23 2014고단287

대부업등의등록및금융이용자보호에관한법률위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant had registered credit business under the trade name “E” at his own house located in Da, 111 Dong 602, and the term of validity of the registration was expired on May 4, 2013.

1. Where an unregistered credit service provider lends a loan exceeding the interest rate, the Defendant is prohibited from receiving interest exceeding the rate of 30% per annum; however, the Defendant is following the expiration of the term of validity of the registration;

A. On May 28, 2013, at one’s own house, a loan of KRW 4,000,000 to F for the number of days and 80,000 per day for 60 days each day, receiving interest of KRW 4,80,000 in total and interest for 121.66% per annum;

B. On July 12, 2013, with a loan of KRW 2,500,000 to Company G at the same place as of July 12, 2013 and with a payment of KRW 3,000,000 in total and interest for 60 days each day;

C. On December 27, 2013, a loan of KRW 5,000,000 to H at the same place as of December 27, 2013 is given for the number of days and KRW 1,00,000 per day and received interest at the same interest rate for the total amount of KRW 6,00,000 per day for 60 days.

2. Although a person who intends to continue to engage in credit business even after the term of validity of unregistered credit business registration has to renew the registration, the Defendant continued to engage in credit business without renewal as above at the time and place specified in paragraph (1).

3. Although the term of validity of the advertisements for credit business expires and the term of validity of the registration is no longer available to credit service providers, the Defendant advertised the credit business with the content of “E, I, 3% per annum, including overdue interest rate of less than 36% per annum (fee and additional cost), real estate additional loan, and immediate loan on the same day” in the advertisement column of the “port crossing” in the living information location from November 25, 2013 to December 17, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police suspect interrogation records of the accused;

1. Written Statement;

1. The statement of accusation, copy of the certificate of advertising contract, investigation report (E advertising status), the contents of the advertisement lane, and the suspect who has reported the investigation.