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(영문) 대구지방법원 2013.07.17 2013고정1280
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On November 26, 2012, the Defendant lent KRW 2 million to C from the 2nd floor of Daegu Northern-gu B without being registered with the competent authority, and lent KRW 100,000 as prior interest fee, and loaned KRW 1.9 million as prior interest fee, and 40,000 won per day as repayment rate of KRW 324.6% per annum.

Accordingly, the defendant operated a unregistered credit business and received interest exceeding the statutory limit interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes governing interest rate calculation;

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 former Act on the Registration of Credit Business, etc. and Protection of Finance Users (Amended by Act No. 11544, Dec. 11, 2012); Article 2 (1) of the Interest Limitation Act (the point where the rate of restriction exceeds the rate of restriction); and the selection of fines, respectively;

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;

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

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