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(영문) 대구지방법원 서부지원 2014.03.28 2014고정47
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

Anyone who intends to run a credit business shall register the credit business with the competent authority of the relevant business office, and where an unregistered credit service provider lends a loan, the interest rate on the loan shall not exceed 30 percent per annum.

around July 2013, the Defendant loaned KRW 13,00,000 to C who wishes to borrow 13,000 won, deducted KRW 3,90,000 as a fee, and actually delivered KRW 12,610,000 per day, and agreed to receive KRW 16,00,000 per day (annual interest rate of 179.79%) according to the agreement, and received principal and interest pursuant to the agreement from around 23 times to October 22, 2013, as indicated in the attached list of crimes, and received interest exceeding the limited interest rate.

As a result, the Defendant did not register credit business, and received interest exceeding the limited interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements in C, D, E, F, G, H, I, J, and K Preparation;

1. A copy of the written statement;

1. Detailed statement of savings deposit transactions and details of each deposit transaction;

1. Application of Acts and subordinate statutes to each loan certificate, certificate of personal seal impression, resident registration abstract (D, F, M, N,O, P);

1. Relevant Article of facts constituting an offense, and Articles 19 (1) 1, 3 (1), 19 (2) 3, and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, concerning punishment, and selection of fines;

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

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;

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