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(영문) 대구지방법원 2012.11.15 2012고단3509

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[Unregistered Credit Business]

1. Any person who intends to engage in credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor who has jurisdiction over

Nevertheless, the defendant did not register a credit business with the competent authority on February 5, 2012, and loaned one million won to B at an insular place around February 5, 2012, and the same year from January 1, 2012 as shown in the list of crimes in the attached Form.

4. By up to 20.20.00, a total of 11 persons, including B, were loaned money of 1,6490,000 won to 11.

【Violation of Interest Rate Restriction】

2. Where an unregistered credit service provider lends a loan to an individual, the interest rate shall not exceed 30 percent per annum;

Nevertheless, as in paragraph (1) around February 5, 2012, the Defendant extended a loan of KRW 370,000 to B with a fee of KRW 970,000,000,000 as a fee, and repaid a sum of KRW 1,200,000 per day for 60 days following the following day, with interest of KRW 30,000 per annum exceeding 30% per annum, and from January 1, 2012, the Defendant received interest of KRW 265% per annum.

4. Until October 20, B, etc. received interest of 265% per annum from B, etc. as shown in the list of offenses in the attached sheet.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Details of suspect, Daegu bank customer information and account transactions;

1. Application of Acts and subordinate statutes to the investigation report;

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 regarding criminal facts and the Selection of Fines;

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

1. Article 70 of the Criminal Act, Article 69 (2) of the Criminal Act;

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