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(영문) 춘천지방법원 2021.02.15 2020고정210
대부업등의등록및금융이용자보호에관한법률위반등
Text

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

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

Reasons

Punishment of the crime

1. A person who intends to engage in a loan business in violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users is registered with the competent Mayor/Do Governor having jurisdiction over the relevant place of business, but the Defendant did not register the loan business with the competent authority, and on May 2, 2019, the Defendant loaned KRW 3,000,000 to C on the condition that 195,000 won shall be repaid in 20 occasions each five days from the Gangwon-do Office B through the Gangwon-do Office.

2. Although a credit service provider unregistered in violation of the Interest Limitation Act grants a loan to C at an interest rate exceeding 24% per annum, the Defendant loaned KRW 3,000,000 to C on May 2, 2019 under the conditions that 195,000 per annum (192.7% per annum) on May 2, 2019 at KRW 195,000 per annum.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A report on investigation into the police statement protocol against C (Calculation of the interest rate per day);

1. Application of Acts and subordinate statutes to a certificate of borrowing, details of deposit and withdrawal transactions, and detailed statement of deposit transactions;

1. Relevant Article 19(1)1, Article 3(1) of the Act on the Protection of Financial Users (hereafter “unregistered loan business”), Articles 8(1) and 2(1) of the Interest Limitation Act, and the selection of fines, respectively, for criminal facts;

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. Article 70(1) and Article 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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