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(영문) 대구지방법원 2013.09.25 2013고정284

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

Any person who intends to engage in credit business or loan brokerage business shall file for registration with the relevant administrative agency having jurisdiction over the relevant place of business, and the interest rate applicable where an unregistered credit service provider provides a loan shall not exceed 30 percent per annum.

1. On January 19, 2012, the Defendant loaned a gold of two million won to D, the debtor D, who is the owner of a C cafeteria in the Gyeongdong-gun B, Gyeongdong-gun, with a 10% interest rate deducted KRW 200,000,000 per annum, and collected 465% per annum exceeding 30% per annum by collecting 465% per annum on the basis of the number of days repaid every 65 days on a daily basis, and violated the provision on the restriction of interest rate.

2. In additionally lending a gold of two million won under the above conditions as above, 1.765% per annum after deducting the outstanding amount of KRW 1.3 million for the preceding loan from the outstanding amount of KRW 1.3 million, and collecting interest at 4.65% per annum for the following year.

3. In addition to 2 million won under the foregoing conditions, 80,000 won, which deducted 1 million won from the outstanding amount of the preceding loan, was loaned to 80,000 won per annum and collected 436% per annum, thereby violating the interest rate limitation regulations.

2. The defendant from January 2012 to the same year.

6.5. Until May, 198, the debtor D lent a loan without registration by means of lending three days to the debtor D, as described in the above paragraph 1.1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Details of transactions;

1. Application of Acts and subordinate statutes to the investigation report (calculated interest rates of the suspect);

1. Article 19 (1) 1, Article 3 (1), Article 19 (2) 3, and Article 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts and Article 2 (1) of the Interest Limitation Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;