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(영문) 대구지방법원 2014.06.19 2014고단1938
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Any person who intends to run a credit business without registration shall make a registration with the competent administrative agency;

Nevertheless, the Defendant distributed the name of “friendly microcredit” and agreed to engage in credit business. On April 4, 2013, the Defendant loaned 1450,000 won (one hundred and fifty thousand won (one hundred and fifty hundred and fifty thousand won credit at one hundred and fifty thousand won credit) to B at the inferal coffee store located in Daegu-gu and twenty-eight days each day on April 4, 2013, on condition that B shall be paid in 30,000 won, and around 20,000 won per day on condition that D shall be paid in 60,000 won each day at the house located in Seo-gu, Daegu-gu, Daegu-gu, and 960,00 won (one million won of principal and forty thousand won credit).

Accordingly, the defendant extended a total of KRW 2.41 million to two times and operated credit business without registration.

2. Although a unregistered credit service provider, in excess of the interest rate limit, did not receive interest exceeding the interest rate of 30% per annum, the Defendant loaned 1450,000 won (one million won in advance and 50,000 won in advance) to B at the same time and place as paragraph (1) on condition that 30,000 won per day shall be paid 60,000 won per annum and received interest rate of 269.4% per annum; and D loaned 960,000 won (one million won in advance and 40,000 won in advance and 50,000 won in advance) to D on condition that 20,000 won shall be paid 60,000 won per day.

Accordingly, the Defendant received interest exceeding the limited interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. An order issued for each loan certificate or each loan advertisement;

1. Application of Acts and subordinate statutes to the Investigation Report (Interest Rate Confirmation);

1. Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding 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. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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