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(영문) 대구지방법원 2012.10.17 2012고정2523
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who runs a loan business with the trade name “C” in substantial B building 305 of the Cheongju-si.

Any person who intends to engage in credit business shall register as the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor having jurisdiction over each place of business.

In addition, if a unregistered credit service provider lends a loan to an individual, it does not receive interest exceeding 30% per annum of legal interest rate.

Nevertheless, without registering a credit business, the Defendant lent KRW 1.5 million to D around December 15, 201, and agreed to receive KRW 30,000,000,000 including the principal and interest on a daily basis for 63 days, and received KRW 2.75% interest per annum. On January 2012, the Defendant loaned KRW 2.5 million to Haman on a daily basis, and agreed to receive KRW 2.53% interest per annum, including the principal and interest on a daily basis for 61 days, and received KRW 2.75% interest per annum, while lending KRW 1 million to F in early 2012, the Defendant agreed to receive KRW 20,000,000 including the principal and interest on a daily basis for 63 days.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Three copies of a certificate of borrowing;

1. Application of statutes of Part III to the statement of interest rate calculation;

1. Relevant Article of facts constituting an offense, and Articles 19 (1) 1 and 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Article 2 (1) of the Interest Limitation Act;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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