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(영문) 전주지방법원 남원지원 2016.08.30 2016고단64

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to engage in a loan business without registration shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province branch having jurisdiction over the relevant place of business;

Nevertheless, on July 28, 2013, the Defendant, without registering the loan business, lent five million won to D at C stores operated by the Defendant in Suwon-gun B from around July 28, 2013, and operated a loan business without registration over 12 times from around that time to September 2014.

2. A person who intends to engage in a loan business, the interest rate of which exceeds the interest rate, shall not exceed 30/100 (before July 14, 2014) or 25/100 (after July 14, 2014) per annum;

Nevertheless, on July 28, 2013, the Defendant lent KRW 5 million to debtor C stores operated by the Defendant, and deducted KRW 5 million from the prior interest and KRW 500,000,000 per month under the condition that principal and interest are paid for 27 days each month, and received interest of KRW 4.5 million per annum 120% per annum from around that time to September 2014, and received interest exceeding the legal interest by lending money to the obligor for five times by the same method as described in the list of crimes in attached Table 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to a criminal investigation report (including attachment to a civil winning judgment, submission of a suspect), investigation report (including submission of materials and accompanying materials for a criminal complaint);

1. Relevant legal provisions concerning criminal facts, registration of the selective loan business, etc. of punishment, and Article 19(1)1 and Article 3(1) of the Act on the Protection of Financial Users (generally, the occupation of a loan business without registration), registration of each loan business, etc., and Articles 19(2)3 and 11(1) of the Act on the Protection of Financial Users, Article 2(1) of the Interest Limitation Act (the occupation of a loan business exceeding interest limits), and each fine;

1. Aggravation concurrent crimes;