logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.07.13 2017고정605
대부업등의등록및금융이용자보호에관한법률위반
Text

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

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

Reasons

Punishment of the crime

Any person who intends to run a loan business or a loan brokerage business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business, and where a registered loan is made, he/she shall not receive interest exceeding the interest rate prescribed by the President, and where a unregistered loan is made, he/she shall not receive interest exceeding the interest rate prescribed by Article 2 (1) of the Act on the Restriction of Interest.

On April 1, 2010, the Defendant had registered a loan business with the Daejeon Metropolitan City Mayor on April 1, 2010, and continued to operate the lending business despite the cancellation of the registration of the loan business on March 30, 2015.

A. On May 2012, the Defendant loaned KRW 1,200,000 each day to Daejeon-dong-dong-gu C, 301, and D, and KRW 1,200,000 each day, and entered into a loan agreement under the condition that 120% interest shall be paid at a rate of 60% per annum. From March 2015, the Defendant loaned KRW 18,00,000 to the said D at an interest rate exceeding the rate determined by the President, as shown in the attached Table 1.

B. On May 2015, the Defendant loaned KRW 2,00,000,00 each day to D without registering the loan business to Daejeon Dong-gu, Daejeon Metropolitan City Mayor, and Daejeon Metropolitan City Mayor, and concluded a loan contract under the condition that 120% interest shall be paid per annum for 60 days each day. From July 2016 to July 2016, the Defendant loaned KRW 40,000,000 in total at an interest rate exceeding 25%, which is the interest rate stipulated in Article 2(1) of the Interest Limitation Act, as shown in the attached Table 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A copy of a book for the number of days and a statement of transactions of self-reliance deposits;

1. Application of Acts and subordinate statutes to a copy of a loan business registration certificate and a certificate of business closure report;

1. Registration of relevant legal provisions and selective loan business, etc. for criminal facts, as well as Article 19(1)1 and Article 3(1) of the Act on the Protection of Financial Users, and registration of loan business, etc.

arrow