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(영문) 대전지방법원 2019.07.26 2019고정635

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

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

Nevertheless, around March 8, 2017, the Defendant lent KRW 3,00,000 to E, who became aware of through the Internet D loan auction-related car page, without registering credit business in the Seo-gu Office C Office of Notary Public, Seo-gu, Daejeon, and performed an unregistered credit business on five occasions from the above date to May 18, 2018, under the condition that 60,000 won shall be repaid every day to E, and as indicated in the attached list of crimes, the Defendant lent KRW 5,02,000 from the above date to May 18, 2018.

2. Where an unregistered credit service provider lends a loan in violation of the interest rate limitation, the annual interest rate shall not exceed 25 percent (24 percent from February 8, 2018);

Nevertheless, the Defendant, at the date, time, and place specified in paragraph (1), received interest exceeding 25% per annum (24% from February 8, 2018 to May 18, 2018) on a total of five occasions from the above date and time to May 18, 2018, by lending money to E at an annual interest rate of 474%, as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the accused (including the E’s statement part);

1. Statement to E by the police;

1. A reply to the request for cooperation in calculating the criminal place, investigation report, legal interest exceeding the legal interest rate;

1. Application of Acts and subordinate statutes to a petition, Internet civil petition, notarial deed, F dialogue, statement of passbook transaction, loan interest rate invoice, and loan interest rate invoice;

1. Article 19 (1) 1, Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts, and Article 19 (1) 1, Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and each fine shall be imposed;