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(영문) 춘천지방법원 2013.12.05 2013고정430
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Any person who intends to operate a credit business shall register with the competent authority of the relevant business office, and where any unregistered credit service provider lends a loan, he/she may not collect interest exceeding the statutory interest rate.

Nevertheless, the Defendant lent D 2,00,000 won to D at a place where it is impossible to know the location below Ycheon-si around June 16, 2008, and entered into a loan agreement, the Defendant extended KRW 300,000 to KRW 1,70,000 as prior interest and fee, and loaned KRW 26,000 as a condition that all of the KRW 26,000 per day shall be paid a total of KRW 33.32% per annum (33.32% per annum) over 100 times from around that time to April 30, 2010, as described in the attached list of crimes (1), loaned KRW 465,920,000 per day to D.

In addition, the Defendant lent KRW 2,175,00 to E at a place where it is impossible to know the location of Chuncheon or lower on June 26, 2008, and entered into a loan agreement, the Defendant loaned KRW 32,500 per day to E on 100 occasions a total of KRW 3,250,000 per annum (the annual interest rate of KRW 313.52%) and loans KRW 119,070,000 every 40 times from around that time to June 28, 2010 as shown in the attached list of crimes (2).

Accordingly, the Defendant operated unregistered credit business and received interest in violation of the restriction on interest rate.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Sending investigation data related to the lending company;

1. Application of Acts and subordinate statutes to the crime list organized by each complainant and the detailed statement of transactions of each passbook;

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 and Article 19(1)1 of the Act on the Registration of Credit Business, etc. and Selection of Fines). Articles 19(2)2, 11, and 8(1) of the former Act on the Registration of Credit Business, etc. and Protection of Finance Users (amended by Act No. 9344, Jan. 21, 2009) include the receipt of interest exceeding the limited interest rate.

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