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(영문) 대구지방법원 2020.10.27 2020고정1325
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

The accused shall run a credit business without any trade name in Seoul Special Metropolitan City.

1. Any person who intends to run a credit business in violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users (unregistered) shall file for registration of credit business with the administrative agency of the district having jurisdiction over the relevant place of business;

Nevertheless, on April 14, 2020, the Defendant loaned KRW 4,000,000 to the obligor C, who engages in self-business in the Songpa-gu Seoul market, without registering credit business with the competent authorities.

2. A unregistered credit service provider shall not lend money to the opposite contractual party in excess of 24% per annum provided for in the Interest Limitation Act.

Nevertheless, on April 14, 2020, the Defendant offered 10% interest rate of KRW 4,00,000 per annum to debtors C, who engage in self-business in the Songpa-gu Seoul market, and borrowed KRW 3,60,000 per annum, and violated the interest rate limitation by applying 544.3% per annum on the condition that 10,000 won per day shall be paid for 52 days.

Summary of Evidence

1. Defendant's legal statement;

1. Loan agreement documents;

1. Application of Acts and subordinate statutes to report internal investigation (verification of the other party C) and report internal investigation (verification of the interest rate on a loan agreement);

1. Article 19 (1) 1 and Article 3 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, Article 19 (1) 1 and Article 3 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Since there is no change of circumstances to be considered in sentencing after notification of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the amount of fine prescribed in the summary order shall be maintained as it is.

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