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(영문) 창원지방법원 2012.10.26 2012고정1020
대부업등의등록및금융이용자보호에관한법률위반
Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

Any person who intends to operate a credit business shall register the relevant place of business with the competent administrative agency having jurisdiction over the relevant place of business, and where any unregistered credit service provider lends a loan, the amount may not exceed the interest rate under the Interest Limitation Act.

1. On January 1, 2009, the Defendant loaned KRW 1.5 million to C at the Defendant’s home located in the Seocho-si Kimhae-si, and applied the interest rate of KRW 225.7% per annum to the Defendant’s interest rate exceeding the limit interest rate by applying the method of “number of days” in which the principal and interest are paid for 60 days each day.

2. On November 2010, the Defendant, at D’s clothes store located in Kimhae-si, Kimhae-si, offered a loan of KRW 2 million to D, and run a credit business without registration exceeding the limited interest rate by applying the interest rate of KRW 225.7% per annum by means of a “number of days” referring to a “number of days” during which principal and interest are paid for 60 days each day.

3. On September 201, the Defendant run an unregistered credit business with interest rate exceeding the limited interest rate by applying the interest rate of 235.7% per annum 235.7% per annum by means of a “number of days” in which the principal and interest are paid for 60,000 won each day when lending KRW 5 million to E at an indeterminate place.

Summary of Evidence

1. Defendant's legal statement;

2. Police suspect interrogation protocol regarding F;

3. Each police statement about C and D;

4. Application of Acts and subordinate statutes to investigation reports (related to the detailed statement of passbook attachment, and the lending victim E);

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

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

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.

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