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(영문) 서울중앙지방법원 2014.10.24 2014고정3214

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. Any person who intends to operate a credit business shall file for registration with the competent administrative agency of the relevant place of business;

Nevertheless, the Defendant, without registering, introduced at the coffee shop located in Gwanak-gu in Seoul Special Metropolitan City on January 11, 201, after deducting KRW 80,000 from KRW 1,000,000,000 after one month, and loaned KRW 2,000,000 after two months, and as indicated in the attached list of crimes, appears to be the clerical error in the indictment as of January 11, 201 through February 21, 201 as shown in the attached list of crimes.

Up to 121 times, a total of KRW 238 billion was loaned.

2. Where an unregistered credit service provider lends a loan, it shall not collect interest exceeding the interest rate prescribed by Presidential Decree within the extent of 30/100 per annum;

Nevertheless, as described in paragraph (1) of January 11, 201, the Defendant loaned KRW 2 million to C as described in paragraph (1) of Article 200,000,000,000,000,000 won as a prior interest, and received annual interest of KRW 162.5% from January 11, 201, to February 21, 2014, appears to be the clerical error in the written indictment “20,00.5.”

By up to 121 times as shown in the attached list of crimes, excess interest was received.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol against the accused;

1. A detailed passbook;

1. Application of Acts and subordinate statutes to report internal investigation (Preparation of a list of crimes and calculation of interest rates);

1. Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, Article 19 (2) 3, and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 2 (1) of the Interest Limitation Act (the point of receiving interest exceeding the rate of restriction), and selection of fines;

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