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(영문) 서울중앙지방법원 2014.08.14 2014고정3428
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

1. Any person who intends to engage in credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors or heads of local governments having jurisdiction over the relevant places of business;

Nevertheless, on June 4, 2013, the Defendant, without registering with the competent authority, provided a loan of KRW 2 million to the victim B (n, 31 years of age) (n, 2,000,000 to the 10 persons each month from February 2, 2013 to May 2014, the Defendant provided a loan of KRW 2,00,000 to the 10 persons each month from February 2, 2013 to May 4, 2014.

2. If an unregistered credit service provider lends a loan, it may not charge interest exceeding the interest rate of 30% per annum.

Nevertheless, on June 4, 2013, the Defendant lent KRW 2 million to the victim B (n, 31 years of age), and delivered KRW 1.8 million after deducting KRW 200,000 as a commission fee, and entered into a loan agreement with the content that the Defendant pays KRW 58,000 per annum for 48 days per day after delivery, thereby receiving interest of KRW 453.1% per annum for five persons, as shown in the attached list, as shown in the attached list, and received interest exceeding the statutory interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. A detailed passbook B;

1. Application of Acts and subordinate statutes to report internal investigation (Preparation of a list of crimes and setting the interest rates), and data concerning calculation of interest rates by amount;

1. Article 19 (1) 1, Article 3 (1) of the Act on 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 and Protection of Finance Users, Article 2 (1) of the former Interest Limitation Act (Amended by Act No. 12227, Jan. 14, 2014); and each choice 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(1) of the Criminal Act for the detention of a workhouse.

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