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(영문) 대구지방법원 2014.05.09 2013고정49
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to engage in a credit business as a business by lending or brokering money in the possession of an unregistered credit business shall file for registration with the Mayor/Do governor having jurisdiction over the place of business;

Nevertheless, on April 2012, the Defendant, who was engaged in credit business, was engaged in credit business with a rate of 3.60 percent per annum on the condition that the Defendant loaned KRW 2 million to E within 1.4 million of the D building B, 1402, Daegu Suwon-gu, Seoul, and repaid KRW 600,000 per month interest.

Accordingly, the Defendant engaged in unregistered credit business.

2. A credit service provider, etc. or a person who actually runs a credit business may not charge interest exceeding 39/100 of the amount of a loan to an individual or a small-scale corporation.

However, the defendant loaned at the interest rate same as the above Paragraph 1 and exceeded the limitation of the interest rate.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. Investigation reports (related to interest rates), calculation marks of interest rates, and investigation reports (related to submission of written agreements);

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);

1. Relevant Article of facts constituting an offense, Article 19 (1) 1, Article 3 (1) of the Act on the 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;

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

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the argument is that the Defendant did not lend money to “business” E.

2. For the purpose of the main sentence of Article 2 subparagraph 1 of the Act on Registration of Credit Business and Protection of Finance Users, "credit business" shall be provided with money by means of lending or brokerage, discount of bills, transfer by means of transfer, or other similar methods;

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