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(영문) 대전지방법원 2012.09.20 2012고정1383
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 a credit business or brokerage business that lends money shall register with the competent authority, and where an unregistered credit service provider lends money, the interest rate shall not exceed 30% per annum, which is the highest interest rate under the Interest Limitation Act.

Nevertheless, the Defendant did not register the credit business with the competent authority by lending three times as follows, and received interest in excess of the interest rate on the unregistered credit service provider.

On August 10, 201, the Defendant paid KRW 100,000 to the victim C with a limit of KRW 900,000,000 on the pretext of lending KRW 1 million to the victim C. From around that time, 65 times as stated in the facts charged on the 60-day basis, the principal and interest rate of KRW 20,000 each day, shall be deemed as 60 times in writing (see, e.g., 64 pages). (b) The Defendant received payment in the number of days (interest rate of 363.7% per annum) in the form of 60 times in writing (see, e.g., the investigation record). The Defendant, as at the end of September of the same year, paid KRW 1,00 to the above victim KRW 1,00,000 on the pretext of lending KRW 1,000,000,000 to the victim C.

C. The Defendant, at around November 14, 199, agreed to pay KRW 150,000 to the above victim KRW 1,50,000,000 on the pretext of lending KRW 1,50,000 to the above victim, and KRW 65,000,000 as stated in the facts charged on the 60th 60 occasions each day, in the form of 60 times of clerical error (see Investigative Records, referring to 64 pages). Accordingly, the Defendant received some principal and interest on several occasions from around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions concerning facts constituting an offense;

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