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(영문) 대구지방법원 2014.04.09 2013고정2855
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Any person who intends to engage in a credit business, which carries on the delivery of money and brokerage of receiving and receiving money, shall register with the competent authorities having jurisdiction over the relevant place of business, and any person who actually carries on the credit business without registering the credit business, shall not lend money to individuals at an annual rate exceeding 30 percent, which is the interest rate prescribed by the Presidential Decree.

Nevertheless, the Defendant intended to engage in unregistered credit business with high interest rate in violation of the interest limit prescribed by the Presidential Decree, while lending money to self-employed persons, etc.

On December 2, 2012, the Defendant loaned KRW 1 million to B in front of a trade name in the Seo-gu Scatteringdong, Daegu, Manman, and deducted KRW 7% of commission and KRW 20,000,000 per day, and actually delivered KRW 9,10,000,000 per day, and received KRW 20,000 per day for 59 days as indicated in the attached list of crimes, as shown in the attached list of crimes. The Defendant loaned money to nine police officers from December 2, 2012 to May 2, 2013, and received interest repayment.

Accordingly, the defendant operated unregistered credit business and violated the statutory interest rate limit.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to C by the police;

1. An investigation report (Attachment to a specification of transactions, etc. of a national bank under C name);

1. A report on investigation (a counter investigation of debtors D);

1. Application of Acts and subordinate statutes to the investigation report (the counter investigation of debtors E);

1. Relevant Article 19 (1) 1 and Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts, Article 19 (2) 3 and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Selection of each fine;

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;

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