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(영문) 광주지방법원 순천지원 2018.08.13 2018고정160
대부업등의등록및금융이용자보호에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to engage in a loan business shall register the loan business with the competent authority of the relevant place of business, and where a unregistered credit service provider lends a loan to an individual, etc., the interest rate on the loan shall not exceed 25% per annum.

Nevertheless, on December 31, 2015, the Defendant, without registering his/her lending business, borrowed 300,000 won in advance interest from the Ilyang-si to B on December 31, 2015, after deducting 2.7 million won, and agreed to pay a total of 3.6 million won in 12 times every five days, and received 90,000 won interest for 54 days from December 23, 2015 to December 18, 2016, and received interest exceeding 6,689,000 won in total from 28 times as shown in the annexed crime list 1 and 2 as shown in the annexed crime list between December 23, 2015 and December 18, 2016.

As a result, the Defendant did not register the lending business to the competent authorities, and received interest in violation of the interest rate limit.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. Details of each bank transaction;

1. Application of Acts and subordinate statutes to a report on investigation (voluntary correction of the year in the range of crime committed after the warning is made);

1. Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Terms and Conditions for the Preliminary Loan Business, etc., and Protection of Financial Users concerning criminal facts, registration of each loan business, etc., and Articles 19 (2) 3 and 11 of the Act on the Protection of Financial Users (including the fact that the rate exceeds the interest rate, the fact that each debtor exceeds the interest rate, and the choice of fines);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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