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(영문) 부산지방법원 2012.11.26 2012고정4730

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Although any person who intends to run a credit business without registration has to register the credit business with the competent authority, the Defendant loaned KRW 2.64,000 to C on August 18, 2010 on condition that C shall pay KRW 36,000 per day to C on 90 occasions, and around December 10, 2010, KRW 2.2,20,000 to C on condition that C shall be repaid on 100 occasions, respectively.

Accordingly, the Defendant operated credit business without registering it with the competent authorities.

2. Although the unregistered credit service provider cannot receive interest exceeding 30% per annum, which is a limitation rate prescribed by the Interest Limitation Act, in the event that an unregistered credit service provider lends a loan to C, around August 18, 2010, the Defendant borrowed 2640,000 won per annum and received interest of 170.6% per annum from C on the condition that it shall be repaid in 90 times a daily amount of KRW 36,000,000. On December 10, 2010, the Defendant loaned 2.2 million won per annum to C on the condition that it shall be repaid in 36,000 won a daily amount of KRW 36,00 per annum.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (for calculation of interest rate), investigation report (for attachment to a victim’s Cmerat), investigation report (for loan documents and deposited transaction details), and investigation report (for attachment to loan documents and deposited transaction details

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

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;