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(영문) 대구지방법원 2012.11.13 2012고단3564 (1)
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. Where an unregistered credit service provider that received interest in excess of the rate of restriction loans, no interest exceeding the rate of 30% per annum shall be collected.

On January 23, 2011, the Defendant violated the restriction on the interest rate of 1910,000 won (per year 214.7%) by lending KRW 60,000,000 after deducting 30,000 won from fees and 30,000 won per day for 80 days from Dinin's house of operation Dindo located in Sinsan-si B and then lending KRW 3,3240,000 in total over 10 times in the same manner as indicated in the separate crime list from August 9, 2011.

2. Any person who intends to operate an unregistered credit business shall file for registration with the competent administrative agency having jurisdiction over the relevant place of business by place of business.

From January 23, 2011 to May 17, 2012, the Defendant lent money to the obligor described in paragraph (1) as indicated in the list of crimes, and lent three million won to the obligor E, F, and G, and five million won to the obligor H, thereby running the credit business as above without registering with the competent administrative agency.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Presentation of passbook transaction statement and borrowing certificate, repreparation of suspect loan statement, and hearing of debtor's I statement);

1. Application of the statutes of the detailed statement of transactions of free savings deposits;

1. Article 19 (1) 1 and Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 19 (2) 3 and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, including the corresponding legal provisions on criminal facts and the choice of punishment, and Article 19 (1) 3 and Article 11 (1) of the Act on Protection of Finance Users (the selection of fines);

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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