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(영문) 대구지방법원 2012.10.09 2012고단2883 (1)
대부업등의등록및금융이용자보호에관한법률위반
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Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

"2012 Highest 2883"

1. Any person who intends to run a credit business as a business of delivering or receiving money, shall make a registration with the administrative agency having jurisdiction over the place of business;

Nevertheless, on April 2012, the Defendant paid 1,420,000 won, excluding the prior interest and 80,000 won, on condition that 1,500,000 won will be loaned to B for 60 days each day in front of the Seo-gu Seo-dong, Daegu City in April 2012, and paid 296% a year, 2,206% a year, 1,200,000 won a monthly interest rate on the condition that 200,000 won a monthly interest shall be paid to D and the principal shall be paid at 1,50,000 won a monthly interest rate shall be lent to D at the above place, and at around 1,150,000 won a monthly interest rate shall be repaid on condition that principal shall be repaid.

2. A credit service provider or a person who actually engages in credit business may not receive interest exceeding 30 percent in the case of a loan to an individual or a small-scale corporation, but the Defendant operated credit business beyond the interest rate limit as set forth in paragraph (1).

[Attachment 2012 Highest 4768] The Defendant loaned KRW 1,430,00 to E at an unsound place on October 201, and received annual interest of KRW 216% from around that time to May 15, 2012, including the fact that the Defendant agreed to receive KRW 19,00,000 for 10 days to receive KRW 19,90,000 per annum for more than 30% per annum. The Defendant loaned KRW 8,940,000 to three debtors over six occasions in total as shown in the annexed crime list, and received interest exceeding 30% per annum.

Summary of Evidence

"2012 Highest 2883"

1. Defendant's legal statement;

1. Investigation reports (related to confirmation of the victim);

1. "2012 Highest 4768" in an application for a loan;

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on interest rates for respective days;

1. The corresponding Article of the Criminal Act concerning the credit business; and

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