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(영문) 수원지방법원 여주지원 2015.10.20 2015고정211
대부업등의등록및금융이용자보호에관한법률위반
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

On July 28, 2015, the Defendant was sentenced to two years of imprisonment with prison labor at Suwon District Court on July 28, 2015, and the judgment became final and conclusive on October 5, 2015.

1. Any person who intends to run an unregistered credit business shall file for registration of the credit business with the administrative agency of the competent district having jurisdiction over the relevant place of business by each office;

Nevertheless, on October 21, 2012, the Defendant, without registering a credit business, lent KRW 19.5 million to C from 405, the members of Ansan-si, Ansan-si, Seoul-si, and run credit business by lending KRW 205,000 to E from 205,000 on November 15, 2012.

2. Where an unregistered credit service provider grants a loan exceeding the interest rate limit, it shall not lend money exceeding 30% per annum of the statutory interest rate;

Nevertheless, around October 21, 2012, the Defendant loaned KRW 26,50,000 per annum with prior interest and KRW 50,000 per annum from the members of Ansan-si, the Defendant violated the interest rate limit by receiving interest of KRW 219.4% per annum on condition that 26,000 per day be repaid for 100 days. On November 15, 2012, the Defendant loaned KRW 50,000 per day by deducting the prior interest and KRW 50,000 per day to E from the amount of KRW 26,00,000 per day.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes, such as making inquiries about criminal records, etc., reporting of the fact before the disposition and reporting of results of confirmation, etc.;

1. Relevant Article of facts constituting an offense, and Article 19 (1) 1, Article 3 (Occupancy of Unregistered Credit Business), Article 19 (2) 3, and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Selection of fines, respectively;

1. The latter part of Article 37 of the Criminal Act and the main sentence of Article 39 (1) of the Criminal Act;

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

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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