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(영문) 대구지방법원 2012.11.07 2012고정2313
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

The defendant is a person who operates a credit business without registering with the competent authorities.

In the event that an unregistered credit service provider lends a loan to an individual or a small-scale corporation prescribed by Presidential Decree, it may not exceed 30% per annum, which is the interest rate prescribed by Presidential Decree. On June 1, 2010, the Defendant received interest equivalent to 199.1% per annum in excess of the statutory interest rate by lending 20 million won to D at the Cheongdo-Gun C restaurant of North Cheongdo-gun on June 1, 201 and allowing it to pay interest for 100,000 won per day.

Accordingly, the defendant operated a unregistered credit business and violated the restriction on interest rate.

Summary of Evidence

1. Legal statement of witness D;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to each investigation report (including attachment of the details of passbook transactions, etc., verification of the E account, and omission of remittance of victims);

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

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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