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(영문) 대구지방법원 김천지원 2018.11.20 2018고정315
대부업등의등록및금융이용자보호에관한법률위반등
Text

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

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

Reasons

Punishment of the crime

1. A person who intends to engage in loan business in violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users shall register the relevant place of business with the competent authority having jurisdiction over the relevant place of business, and where an unregistered credit service provider grants a loan, the maximum interest rate on money lending and borrowing contract shall not exceed 25 percent per annum;

Nevertheless, the Defendant loaned KRW 7,00,00 to D from “C” located in Songpa-gu Seoul Metropolitan Government on February 2017 without registering the lending business to the competent authorities, and agreed to receive KRW 80,000 per annum 98.5% interest rate for 100 days each day, and received KRW 7,00,000 from D on June 1, 2017, and agreed to receive KRW 80,000 per day at the same place as above, and received interest rate of KRW 98.5% per annum.

Accordingly, the Defendant was paid interest exceeding the limited interest rate by running the unregistered loan business.

2. On June 2, 2018, the Defendant: (a) driven a motor vehicle under the influence of alcohol with approximately 0.142% alcohol level 0.142% from a road on which it is impossible to know on the surface of the Gu and Sinsi in the Gu and Sinsi in the direction of the Central church in the U.S., the U.S., the U.S., at around 10km section to the road before the U.S., the Defendant driven a motor vehicle under the influence of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The photographing of text contents, a description of transactions, and calculation of the number of days;

1. Application of Acts and subordinate statutes to report on investigation (report on calculating the amount received in excess of the interest rate);

1. Article 19(1)1 and Article 3 of the Act on the Registration of Preliminary Loan Business, etc., and Protection of Financial Users for Criminal Facts; Article 19(2)3 and Article 11(1) of the Act on the Registration of Each Loan Business, Etc. and Protection of Financial Users (the receipt of interest exceeding the interest rate), Article 148-2(2)2 and Article 44 of the Road Traffic Act.

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