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(영문) 대구지방법원 포항지원 2013.05.09 2013고단265
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for one year and a fine of 10,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Any person who intends to engage in credit business shall register with the competent authority, and where any unregistered credit service provider lends a loan to any finance user, he/she may not receive interest exceeding 30 percent of the annual interest rate.

On December 2, 2011, the Defendant loaned KRW 200,000 per annum on the condition that the Defendant would pay KRW 20,000 per day to E for 60 days from the date of repayment of principal without registering a credit business in front of the building south-gu D, Nam-gu, Posi, and without registering the credit business.

In addition, the Defendant loaned KRW 741,090,000 in total without registering credit business over 439 times from June 15, 2010 to December 24, 2012, as indicated in the attached list of crimes (1), and loaned KRW 608,720,000 in total, from June 1, 2008 to December 24, 2012, as listed in the attached list of crimes (2).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The prosecutor's statement concerning the F;

1. Each police statement on G, H, I, J, K, L, M, N,O, and P;

1. A written statement of Q;

1. Records of seizure and the list of seizure;

1. A criminal investigation report (FF details of transactions of the NongHyup Account), investigation report (related to S of Account R), investigation report (attached to the details of transactions of account used by financial users I), investigation report (attached to the details of transactions of account conducted by financial users K), investigation report (attached to the details of redemption of the number of days of reference), investigation report (attached to the details of redemption of the number of days of reference), investigation report (related to the O related to the representative of T Lending), investigation report (attached to the documents related to credit business from among seized property), investigation report (related to P)

1. Application of Acts and subordinate statutes concerning transactions of financial users;

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

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