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(영문) 부산지방법원 2016.07.14 2016고정1858

대부업등의등록및금융이용자보호에관한법률위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Any person who intends to run a loan business or a loan brokerage business shall register his/her business with a Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province branch having jurisdiction over the relevant place of business;

Nevertheless, on January 19, 2016, the Defendant lent 2 million won from the residence of Nam-gu Busan Metropolitan City, and agreed on the condition that 3 million won shall be repaid every week for eight times a week, and run a loan business without registration of loan business over a total of two occasions, such as the list of crimes.

2. The maximum interest rate under Article 2 (1) of the Interest Limitation Act shall not exceed 25 percent per annum with respect to the interest rate when a credit service provider, who has not registered his/her violation of the interest rate limitation, lends a loan;

Nevertheless, on January 19, 2016, the Defendant lent KRW 2 million to the above C’s residence, and deducted KRW 200,000,000 per annum and KRW 300,000 per week, and received interest exceeding 394 percent per annum in excess of 25 percent per annum, as in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 19 (1) 1, Article 3 (1) (the point of operating unregistered loan business), Article 19 (2) 3, and Article 11 (1) (the point of receiving interest exceeding the interest rate) of the Act on the Registration of Loan Business, etc., Article 19 (1) 3, and Article 19 (1) (1) of the Act on the Protection of Financial Users concerning criminal facts, the registration of selective loan business, etc., and the selection of each fine;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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