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(영문) 대구지방법원 2013.05.22 2013고정672
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who runs a credit business without a trade name.

No credit service provider shall lend a loan to an individual or a small corporation prescribed by Presidential Decree at an interest rate exceeding the rate prescribed by Presidential Decree within the limit of 30/100.

1. Legal interest exceeding the legal interest rate;

A. On October 4, 201, the Defendant loaned 200,000 won to the obligor D in Daegu Jung-gu, Daegu-gu, the Defendant agreed to receive 1.8 million won in cash after deducting 120,000 won from the advance payment (20,000 won per month) and agreed to receive 1.88 million won in cash and 24,000 won per annum, and agreed to receive interest at an annual interest rate of 151.9% per annum for 100 days.

B. On February 2, 2012, the Defendant loaned KRW 3 million to the said D at the same place as the first and second time, and agreed to receive KRW 2.8 million in cash after deducting KRW 180,000 from the advance payment (per 30,000 per month and interest KRW 30,000 per month), and agreed to receive KRW 36,00 in cash, and agreed to receive an interest rate of KRW 151.9% per annum for 100 days per annum, and operated credit business exceeding the statutory interest rate.

C. For the purposes of subsection (b) above

8. In the same place as the above b above, firstman engaged in credit business exceeding the statutory interest rate agreed to receive the same amount as the above b above and interest rate of 151.9% per annum under the same conditions.

2. Any person who intends to operate a unregistered credit business shall obtain registration from the competent Gu/Si/Gun office.

Nevertheless, the Defendant, at the same time and place as Paragraph 1, carried out unregistered credit business in such a way as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Investigation report (to attach a copy of statement of witnessD);

1. Investigation report (Attachment to calculation data in the interest rate, interest rate, accounting formula);

1. Application of Acts and subordinate statutes on the loan certificate;

1. Relevant Article of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and the Selection of Punishment;

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