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(영문) 대구지방법원 2012.10.10 2012고정2363
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

Any person who intends to engage in credit business shall register as the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor having jurisdiction over each place of business.

In addition, if a unregistered credit service provider lends a loan to an individual, it does not receive interest exceeding 30% per annum of legal interest rate.

Nevertheless, the Defendant, without registering credit business on October 201, lent KRW 1,800,00 toO on the street in front of the N convenience store located in the Seo-gu Incheon Metropolitan City M, and agreed to receive 40,000 won each day and received interest equivalent to 436.7% per annum.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of theO;

1. Application of Acts and subordinate statutes governing interest rate calculation table;

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 Article 2 (1) of the Interest Limitation Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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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