beta
(영문) 인천지방법원 2014.06.03 2014고정1531

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to engage in credit business violating restrictions on unregistered credit business and interest rates shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor having jurisdiction over the relevant place of business, and a unregistered credit service provider, etc. shall not receive interest exceeding 30% per annum; the defendant shall not register with the competent authority; on August 31, 2013, the defendant loaned KRW 50,000 to C at his/her residence located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, and a loan of KRW 500,000 after deducting KRW 20,000 as prior interest; and he/she shall receive interest of KRW 50,000 from 10 days to 243.3% per annum; and thereafter

9. By the end of 16.16. A total of three times as indicated in the annexed Table 1, a person engaged in unregistered credit business and violated the interest rate limitation.

2. Around September 23, 2013, the Defendant violated the interest rate limitation: (a) registered credit business with the trade name “D” to the Docheon Viewers.

Although a credit service provider does not receive interest exceeding 39% per annum when it lends a loan to an individual, the Defendant violated the restriction on the interest rate as shown in the attached Table 2 from around September 25, 2013 to January 15, 2014, when lending KRW 600,000 to Dong-si E and 2601 Dong 1303 (F) and deducting KRW 210,000 as prior interest, and paying KRW 60,000 per annum 1965.4% per annum.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to any investigation report and each investigation report;

1. Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and Article 19 (2) 3, Article 19 (2) 3, and Article 8 (1) of each of the Act on the Protection of Finance Users (a violation of restrictions on interest rates by an unregistered credit service provider).