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(영문) 대구지방법원 포항지원 2012.12.20 2012고정583
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Any person who intends to engage in credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor having jurisdiction over the relevant place of business for each place of business, and the interest rate applicable to any unregistered credit service provider shall not exceed 30 percent per annum by applying mutatis mutandis

Nevertheless, on November 30, 2010, the Defendant loaned KRW 2.58,00,00,000 after deducting 1.50,000 won from prior interest from the F office that he/she became aware of through the introduction of D, to the victim G through the above E, from the F office that he/she works in North Korea-si B (C) on November 30, 201, and received 90,000 won as interest six times each month from December 2, 2010 to May 201.

Accordingly, the defendant was entitled to interest exceeding the interest rate of 63.157% a year and was engaged in unregistered credit business.

From around that time to August 1, 201, the Defendant loaned a total of KRW 9.5 million through the same four times as indicated in the following crime sight table.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police officer's statement of G, E, D, and H;

1. A copy of a bankbook, and a statement of transactions in a bankbook;

1. Application of Acts and subordinate statutes to a report on investigation;

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

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;

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