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(영문) 대구지방법원 영덕지원 2013.11.27 2013고단175
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding seven thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Any person who intends to operate a credit business without registration shall register the business with the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do governor having jurisdiction over the relevant place of business; and

Nevertheless, around March 30, 2012, the Defendant run credit business by lending a total of KRW 177,000,000 from the beginning of December 23, 2011 to December 23, 2012, as shown in the List of Crimes (1), and (2) including lending KRW 20,000,000 to the competent authority without being registered with the D's office, and lending KRW 20,000 to C.

2. If a credit service provider with no registration in excess of the interest rate makes a loan, the credit service provider shall not charge interest at an interest rate exceeding 30% per annum;

Nevertheless, around March 30, 2012, the Defendant lent KRW 20,000,000 to C from the above D garage to December 23, 2012, and lent KRW 18,000,000 after deducting KRW 2,00,000 as a prior interest, and received 20,000,000 per annum from 13.3/100 per annum after one month, and was paid interest in violation of the restrictions on respective interest rates.

Summary of Evidence

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement made to C by the police statement;

1. Application of each of the Acts and subordinate statutes listed in the investigation report (report on the result of execution of a warrant of search and inspection), investigation report (Attachment of presumed to be lending out of details of account transactions by a suspect), investigation report (related to the other party investigation of a debtor), list 1 of days of crime, and list 2 of list of crimes;

1. Article 19(1)1, Article 3(1) and (3) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and Articles 19(2)3 and 11 of the Act on Registration of Credit Business, etc. and Protection of Finance Users (generally, the operation of unregistered credit business and the concurrent imposition of imprisonment and fines), Article 19(2)3 and Article 11 of the Act on Registration of Credit Business, etc. and Protection

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