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(영문) 대구지방법원 2013.04.24 2012고정3665

대부업등의등록및금융이용자보호에관한법률위반

Text

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

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

Reasons

Punishment of the crime

On September 21, 2012, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective weapon, injury by a deadly weapon, etc.) in the Western Branch of the Daegu District Court on September 21, 2012 and the judgment became final and conclusive on September 29, 20

On October 13, 2010, the Defendant registered as the trade name of Daegu-gu B and engages in credit business.

On September 2, 2011, the Defendant: (a) lent KRW 10 million to D; (b) deducted commission, etc.; and (c) agreed to receive KRW 12 million for 60,000,000,000 per day after the payment of KRW 8.45 million to D; (d) on October 28, 2011, the Defendant paid the debt amount of KRW 7 million to D under a loan agreement and received interest equivalent to KRW 449.2% per annum in excess of the statutory interest rate; and (e) exceeded the statutory interest rate by receiving the repayment of the debt amount of KRW 7 million from D by October 28, 201.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A copy of the statement of the police officer made D (five pages of investigation records); and

1. Investigation Report-Calculation of interest rate;

1. Adjustment of the details of remittance;

1. Interest rate invoice;

1. Written inquiry about registration of credit business;

1. Previous records: Criminal records and application of statutes governing judgment;

1. Relevant Article on criminal facts and Articles 19 (2) 3 and 8 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users who have been subject to the option of punishment (Amended by Act No. 11544, Dec. 11, 2012)

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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;