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(영문) 대구지방법원 2013.06.19 2013고정1205
대부업등의등록및금융이용자보호에관한법률위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Any person who intends to run a credit business without registration shall file for registration with the Mayor/Do governor having jurisdiction over the place of business, who intends to run a credit business for lending or brokerage of money;

Nevertheless, in collusion with B and C, the Defendant engaged in unregistered credit business as follows.

Of February 2013, 2013, 100,000 won was lent to E from the front side of the building in Daegu Northern-gu, Daegu, and 90,000 won was deducted from 100,000 won per day as a prior interest fee, and 20,000 won per day was loaned at an annual interest rate of 436.7% under the terms of redemption for 65 days;

B. On February 2, 2013, G lent KRW 900,000,000,000,000,000,000 per day, from the front side of the F apartment in Daegu-gu, Daegu-gu, and lent KRW 1 million to G, under the conditions of repayment, 20,000 per day, with a redemption rate of KRW 436.7% per annum for 65 days.

2. No one may charge 39/100 of a loan to any credit service provider, etc. or any person who actually engages in credit business or any small-scale corporation or charge interest exceeding 30/100 of a loan to any individual or small-scale corporation;

Nevertheless, in collusion with the above B, the Defendant loaned at the same time and place as the above paragraph (1) to the same interest rate as the above paragraph (1) and exceeded the restriction on the interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning B and C;

1. E statements;

1. A report on investigation (Attachment to a loan agreement) and a report on investigation (calculated the interest rate);

1. Application of the statutes governing the place of advertisement;

1. Relevant Article on criminal facts, Articles 19 (1) 1 and 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, Article 30 of the Criminal Act, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Articles 30 of the Criminal Act, and selection of fines;

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

1. The Criminal Act for the detention of a workhouse;

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