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(영문) 서울중앙지방법원 2017.09.13 2017고정1923
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of five 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 loan business shall register with the competent authority, and where a unregistered credit service provider grants a loan, he/she shall not receive interest exceeding the interest rate of 25% per annum.

Nevertheless, on July 26, 2016, the Defendant, without registering the lending business to the competent authorities, lent KRW 1.5 million to the victim D at the C coffee shop located in Seocho-gu Seoul Metropolitan Government, and delivered KRW 1.5 million after deducting KRW 440,000 from the prior interest, and loaned KRW 460,000 on the condition that 40,000 won shall be repaid for 54 days per annum (460% per annum).

Accordingly, the Defendant run the lending business without registering it, and received interest exceeding the statutory limit rate of the unregistered credit service provider.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of Acts and subordinate statutes on report on internal investigation (Attachment of details of accounts submitted by a victim), report on internal investigation (Attachment of financial response data);

1. Article 19 (1) 1, Article 3 (1) (the occupation of unregistered loan business, the selection of fines), registration of loan business, etc., and Articles 19 (2) 3 and 11 (1) (the occupation of violation of the restriction on interest rates, the selection of fines) of the Act on the Protection of Financial Users concerning criminal facts;

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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