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(영문) 춘천지방법원 원주지원 2015.07.21 2015고정303
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000. If the Defendant fails to pay the said fine, 100.

Reasons

Punishment of the crime

1. Any person who intends to operate a credit business without registration shall file for registration with the Do Governor having jurisdiction over the relevant place of business, for each place of business;

Nevertheless, from August 11, 2012 to September 26, 2013, the Defendant loaned KRW 3 million at the first week from around December 20, 2012 to B at the interest rate of KRW 60% per annum, and around February 27, 2013, to B at the interest rate of KRW 10 million per annum.

Accordingly, the defendant is running credit business without registering the Governor of Gangwon-do.

2. If an unregistered credit service provider lends a loan to any unregistered credit service provider, the interest exceeding the interest rate shall not exceed 30% per annum, which is the maximum interest rate under the Interest Limitation Act.

Nevertheless, the Defendant loaned KRW 10 million at the interest rate of 48% per annum from Won-si to B around December 14, 201, and received a total of KRW 9.6 million from December 14, 2011 to July 4, 2013 as interest rate, and around December 20, 2012, loaned KRW 3 million at the interest rate of KRW 60 million per annum to B from April 1, 2013 to September 26, 2013, and received KRW 1.2 million per annum from February 27, 2013 to February 27, 2013, and paid KRW 36% per annum to B from February 2013 to February 13, 2013.

Accordingly, the Defendant received interest exceeding the interest rate under the Interest Limitation Act in lending a loan as an unregistered credit service provider.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. The police statement concerning B and C;

1. A petition or accusation;

1. Application of Acts and subordinate statutes to a criminal investigation report (the current status of money transaction by a complainant and suspect);

1. Article 19(1)1, and Article 3(1) of the Act on Registration of Credit Business and Protection of Finance Users regarding criminal facts and the Registration of Punishment, etc., Articles 19(2)3 and 11(1) of the Act on Registration of Credit Business and Protection of Finance Users, and Articles 19(2)3 and 11(1) of the former Interest Limitation Act.

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