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(영문) 부산지방법원 동부지원 2017.10.26 2017고정855
대부업등의등록및금융이용자보호에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Any person who intends to engage in a loan business without registration shall register with the competent authority;

On March 14, 2016, the Defendant, without registering a loan business, lent 2.15 million won to D at the C coffee shop located in Busan Jung-gu, Busan, to D without registration.

2. Where an unregistered credit service provider grants a loan in excess of the interest rate on the loan, the interest rate on the loan shall not exceed 25% per annum pursuant to the Act on Interest Limitation;

The Defendant, while lending KRW 2.5 million to D at the date, time, and place specified in Paragraph 1, entered into a loan agreement with the content that the Defendant agreed to pay 60,000 won of the principal and interest each day for 60 days, and received interest at 425.1% per annum, and received interest in violation of the interest rate limit upon receiving a total of KRW 1.3 million payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (in the name of a victim D, attachment of bank E account details under the name of the victim;

1. Relevant legal provisions concerning criminal facts, Article 19(1)1, Article 3(1) of the Act on the Registration of Alternative Loan Business, and Protection of Financial Users (including the operation of unregistered loan business), Article 19(2)3, and Article 11 subparag. 1 of the Act on the Registration of Loan Business and Protection of Financial Users (including the receipt of interest exceeding the interest rate of a credit service provider without registration, including the receipt of the interest rate exceeding the interest rate of a non-registered loan service provider), and each fine;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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