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(영문) 서울중앙지방법원 2017.11.02 2017고정2983

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to engage in loan business or loan brokerage business shall register with a Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province branch having jurisdiction over the relevant place of business, and a unregistered credit service provider shall not exceed the interest rate of 30% per annum.

Nevertheless, on November 22, 2012, the Defendant borrowed 30 million won from the C attorney-at-law office located in Gyeonggi-si B without registering the lending business, and issued 28.5 million won after deducting 1.5 million won from the pre-paid interest under the conditions of repayment for three months, and received 17 million won as interest on December 5, 2013.

Accordingly, the Defendant was paid interest exceeding 30% per annum by running an unregistered loan business.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement of E in the police interrogation protocol against the defendant

1. Statement made by the police for E;

1. Written complaint and petition filed by D;

1. Each police investigation report;

1. Application of Acts and subordinate statutes to a certificate of borrowing money;

1. Article 19(1)1 and Article 3(1) of the Act on the Protection of Financial Users (amended by Act No. 11544, Dec. 11, 2012); Article 19(2)3 and Article 11(1) of the Act on the Registration of Loan Business, Etc. and Protection of Financial Users; and Articles 19(2)3 and 11(1) (a) of the Act on the Protection of Financial Users, concerning facts constituting an offense;

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

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

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