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(영문) 창원지방법원 2013.09.24 2012고정1337
대부업등의등록및금융이용자보호에관한법률위반
Text

1. Defendant A shall be punished by a fine of seven million won;

2. Where Defendant A does not pay the above fine, 50,000.

Reasons

Punishment of the crime

A person who intends to engage in a credit business shall register with the Mayor/Do Governor, and if a unregistered credit service provider provides a loan, he/she may not receive interest in violation of the interest rate limit of 30% per annum. Notwithstanding the fact that Defendant A, without registering with the Mayor/Do Governor on October 26, 2010, promised to lend a loan of KRW 5 million from “G” operated by F in Kimhae-si, Kimhae-si, to the F to receive KRW 80,000 per annum on a 70-day basis without registering with the Mayor/Do Governor, and paid interest exceeding 30% per annum by promising to receive KRW 5,00,000 on November 26, 201 of the same year.

Accordingly, the Defendant, without registering, engaged in credit business, and received interest in violation of the interest rate limit.

Summary of Evidence

1. Statement made by the defendant A in the first trial record;

1. The police statement concerning F;

1. A statement of account transfer - Defendant A;

1. Application of the Acts and subordinate statutes on calculating the interest rate;

1. Relevant legal provisions and sentence applicable to facts constituting an offense and Defendant A: The registration of credit business, etc. and Article 19 (1) 1, Article 3 (1) of the Act on Registration of Finance Business, etc. and Protection of Finance Users (the occupation of unregistered credit business), Article 19 (2) and 3, and Article 11 (1) of the same Act, Article 2 (1) of the Interest Limitation Act (the occupation of violating the Interest Limitation Act), and the choice of fines;

2. Defendant A from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Defendant A of detention in a workhouse: Articles 70 and 69 (2) of the Criminal Act.

4. Defendant A with a provisional payment order: The portion not guilty under Article 334 (1) of the Criminal Procedure Act;

1. A person who intends to engage in credit business in the facts charged shall file for registration with the Mayor/Do Governor, and if an unregistered credit service provider lends a loan, he/she may not charge interest, in violation of the interest rate limit by 30% per annum;

Defendant

B Nevertheless, Defendant B, without registering with the Mayor/Do Governor on January 20, 2010, lent KRW 10 million to F from “G” operated by F in Kimhae-si, Kim Jong-si, to F, and extended to KRW 150,000 per day.

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