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(영문) 대구지방법원 포항지원 2017.05.17 2017고정37
대부업의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a non-registered credit service provider who operates a loan business without being registered with the competent authority.

A person who intends to engage in loan business or loan brokerage business shall register with a Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province branch having jurisdiction over the relevant place of business, and where a unregistered credit service provider grants a loan, the interest rate shall not exceed the statutory interest rate applied mutatis mutandis under Articles 2 (1) and 8 (2) through (5) of the Interest Limitation Act.

Nevertheless, the Defendant, at around 14:00 on August 19, 2015, at C-General Law Office located in Northern-gu B, Northern-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, the Defendant agreed to provide loan principal amounting to KRW 3,000,000, and offered loan principal amounting to KRW 2,610,000,000 on a monthly basis for nine months, and the court exceeded its autonomy on a yearly interest rate of KRW 390,000 and the principal amount paid to 76.5%.

The defendant, including this, was running the unregistered loan business in excess of the statutory interest rate while lending loans to financial users D and E more than five times in total as shown in the attached list of sights.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Application of Acts and subordinate statutes to report internal investigation (the photographs of Kakao Stockholm text messages sent and received by the person under suspicion A and E), internal investigation report (the attachment of a document of deposit transaction), internal investigation report (the verification as to whether a person under suspicion A is registered as a loan business), internal investigation report (Attachment of loan-related documents), and internal investigation report (the calculation of interest rate);

1. Article 19 (2) and (3), and Article 11 (1) (the point at which interest rates are exceeded) of the Act on the Registration of and Protection of Financial Users from Relevant Acts and subordinate statutes concerning facts constituting an offense, and Articles 19 (1) 1 and 3 (1) of the Act on the Registration of Loan Business and Protection of Financial Users (the point at which unregistered loan business is occupied);

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

1. Article 70 of the Criminal Act to attract a workhouse.

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