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(영문) 대구지방법원 2013.05.16 2013고정676
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 an unregistered credit business shall file for registration with the Mayor/Do Governor having jurisdiction over the relevant place of business;

Nevertheless, on August 3, 2012, the Defendant paid 1760,000 won to nine persons a total of KRW 14,000,000,000,000 for the principal and interest of KRW 2,40,000,000 for 10 days upon request of the above C debtor C (n, 49 years of age) within D D stores operated by the above C, and provided a loan under the condition that 2,40,000 won shall be repaid for each 10 day, as shown in the attached list of crimes.

Accordingly, the Defendant carried on each unregistered credit business as above.

2. Where an unregistered credit service provider grants a loan in violation of the restriction on interest rates, the interest rate shall not exceed 30 percent per annum;

Nevertheless, on August 3, 2012, the Defendant paid 1760,000 won a total of 14 times from June 16, 2012 to October 29 of the same year to nine persons, as indicated in the attached Table of Crimes, with a total of 14 times from June 16, 2012 to October 29 of the same year, and with respect to loans of 2 million won, the Defendant paid 170,000 won a limit on the principal and interest repayment of 10,000 won in 10,000 won, on condition that 240,000 won is repaid nine times per ten days.

Accordingly, the Defendant violated the limitation on each interest rate as above.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Copy of the police statement concerning C;

1. A copy of a certificate of borrowing and a statement of deposit transactions;

1. The interest rate calculation formula;

1. Application of Acts and subordinate statutes on investigation reporting;

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

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