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(영문) 대전지방법원 2017.03.31 2017고정164
대부업등의등록및금융이용자보호에관한법률위반
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On December 6, 2012, the Defendant registered a loan business with the Daejeon Metropolitan City Mayor on December 6, 2012, and runs a loan business with the trade name “C” in Daejeon-gu, Seo-gu, Daejeon.

No credit service provider may lend a loan to an individual at an interest rate exceeding 34.9%.

Nevertheless, on April 7, 2015, the Defendant deposited KRW 13 million from the above “C” office to D, and then borrowed KRW 9,500,000,000,000,000,000,000,000 in cash, and received interest at KRW 147% per annum by receiving return of KRW 13,00,000 from July 3, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the details of deposits and withdrawals by national banks on excess of interest, and copies of loan business registration certificates;

1. Article 19 (2) 3 and Article 8 (1) of the Act on the Protection of Financial Users (Amended by Act No. 14072, Mar. 3, 2016) regarding criminal facts and the registration of the loan business, etc. for the selection of punishment, and Articles 19 (2) 3 and 8 (2) of the same Act (amended by Act No. 14072, Mar. 3

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In full view of the favorable circumstances that the defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act reflects his mistake, but the benefits that the defendant acquired by the crime of this case are not many. In full view of the equity of punishment with other persons who committed the same kind of crime similar to this case, and all other circumstances, including the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the amount of fine specified in the summary order cannot be deemed to be excessive, and thus, the punishment shall be determined as above.

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