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(영문) 대구지방법원 2013.09.12 2013고단4308
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to engage in credit business shall file for registration with the competent authority having jurisdiction over the place of business, and shall not place any advertisement for credit business, if the credit service provider is not a credit service provider, nor shall the unregistered credit service provider receive any loan at an annual interest rate exceeding 30 percent.

1. The Defendant did not register a credit business. On November 2012, 2012, the Defendant placed an advertisement for credit business with a view to distributing to unspecified merchants, including the phrase “Tgu Minimum Interest, Conditionsless Registered Enterprise, Month Money Loans, Credit Lending, Number of Days Lending, and B,” on the following grounds: (a) boarding and leaving a commercial building located in the YY-gu, Daegu, Simba; (b) and (c) distributing only the name named “B.”

2. The Defendant did not register his/her credit business, and around December 4, 2012, the Defendant loaned money to 17 members and received interest exceeding 30% per annum from March 21, 2013, including the amount of KRW 200,000,000,000,000,000 in advance and KRW 600,000,000,000,000,000 from D, which reported the name of the credit business advertisement to D, as above, under the condition that 50,000 won are repaid every day during 60 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A copy of a loan transaction agreement;

1. A name cards complex;

1. Application of each specification of transactions Acts and subordinate statutes;

1. Article 19 (1) 1 and 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 of the Act on the Registration of Unregistered Credit Business, etc. and Selection of Imprisonment), Article 19 (1) 3 and Article 9-2 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (the occupation of advertisements for credit business, the choice of imprisonment), Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and the Selection of Imprisonment;

1. The Criminal Act among concurrent crimes.

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