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(영문) 대구지방법원 2014.05.29 2014고정513

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Any person who intends to operate a credit business without registration shall register the business with the competent administrative agency;

Nevertheless, Defendant A, in collusion with the competent authority on September 13, 2012, provided D’s clothes repair shop located in Ischeon-si, with a loan of KRW 2 million from D to D in cash, and provided a loan of KRW 1.8 million after deducting KRW 2 million from the prior interest and KRW 40,000 per day for 60 days, and operated credit business as shown in the attached list of crimes from around that time to December 20, 2012.

2. No interest rate shall exceed 30% per annum where an unregistered credit service provider that received statutory interest in excess of the legal interest loans to an individual or a small corporation prescribed by Presidential Decree;

Nevertheless, around September 13, 2012, the Defendant loaned D with interest rate of 363.7% exceeding the statutory interest rate, and received interest exceeding the statutory interest rate from around that time to December 20, 2012, such as the list of crimes in the attached list.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Statement of E police statement;

1. Application of Acts and subordinate statutes on details of transactions (FF NongHyup Account) and details of account transactions (G NongHyup Account);

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