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(영문) 광주지방법원 목포지원 2014.04.17 2014고정97
대부업등의등록및금융이용자보호에관한법률위반
Text

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

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

Reasons

Punishment of the crime

1. Any person who intends to operate unregistered credit business or loan brokerage business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor or Special Self-Governing Province Governor who has jurisdiction over the relevant place of business

Nevertheless, the Defendant, without registering, lent a total of KRW 31 million to five persons, including B, from June 10, 2013 to October 8, 2013, and run unregistered credit business.

2. Where a credit service provider who has not registered in violation of the interest rate limitation makes a loan, the highest interest rate shall not exceed 30 percent per annum;

Nevertheless, on June 10, 2013, the Defendant agreed to pay KRW 5,250,00 per annum for 75 days each day after deducting 10% of the loan amount from KRW 4,00,000 to B in front of the D High School located in G in G in Gpoposi, G as a prior interest, and the Defendant actually delivered KRW 3,60,000 and agreed to pay KRW 5,250,00 per annum for 75,000 per day.

From around that time to October 8, 2013, the Defendant violated the interest rate limit by receiving interest of 243% or 586% per annum over 12 times as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Investigative reports (Calculation of interest rates);

1. - Details of loans

1. - Application of Acts and subordinate statutes of transaction (the NongHyup account used for credit business).

1. Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts and Article 19 (1) 1, Article 3 (1) of the Act on the Protection of Finance Users (exclusive and comprehensive designation of fines), Article 19 (2) 3, and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (the fact that interest rates are violated and 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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