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(영문) 서울동부지방법원 2017.04.26 2016고단2787

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine not exceeding 70 million won.

When the defendant does not pay a fine, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

1. A person who intends to engage in a loan business without registration shall register with the competent authority;

Nevertheless, on January 29, 2013, the Defendant, without registering with the competent authorities, lent a loan of KRW 20 million to D on the condition of KRW 10% per annum (120% per annum) at a non-permanent location on January 29, 2013, and run a loan business by lending a loan of KRW 437,930,00 on the condition of KRW 4-10% from September 22, 2009 to August 1, 2014.

2. In the event that a unregistered credit service provider, whose interest exceeds the limited interest rate, is unable to receive interest exceeding 30% per annum, which is the limited interest rate prescribed by the Interest Limitation Act, notwithstanding the fact that the Defendant, on January 29, 2013, lent 20 million won to D at a non-permanent place, and received interest exceeding the limited interest rate by receiving 10% per annum (120% per annum) for three months.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E or D's testimony in the second public trial records;

1. Details of transactions in each account of the complainant (a list of Nonghyup, National Bank, Securities, and Evidence 2, 3, 4);

1. Data on the adjustment of transaction details (List 6);

1. A process deed (56,57);

1. The details of monetary transactions by the defendant (62,63) and applicable Acts and subordinate statutes;

1. Article 19 (1) 1, Article 3 (1), Article 19 (2) 3, and Article 11 (1) of the Act on the Registration of Business, etc. of Loaning Penal Provisions and the Protection of Financial Users;

1. Articles 37 and 38 of the Criminal Act to increase concurrent crimes;

1. The defendant and his/her defense counsel's assertion of the defendant and his/her defense counsel under Articles 70 (1) and 69 (2) of the Criminal Act attracting the workhouses asserts that since the defendant's temporary lending of money to the branch by his/her request is not a business of lending money, since the defendant's lending of money to the branch is not a business of business, the facts charged on the premise that the defendant's lending of money as a business is a case without proof

The term "loan business" is "business of lending prior to a gold," and it is related to the registration of lending business and the protection of financial users.