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(영문) 창원지방법원 진주지원 2016.01.14 2015고정467
대부업등의등록및금융이용자보호에관한법률위반
Text

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

The defendant is a person who runs a lending business.

Any person who intends to engage in loan business shall register his/her office with a Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province branch having jurisdiction over the relevant place of business, and shall not receive interest exceeding the interest rate

Nevertheless, from May 2009 to November 201, 2013, the Defendant loaned KRW 11,00,000 to the loan applicant C from Samcheon-gu, Samcheon-gu to the loan applicant, and concluded a loan contract to pay interest of KRW 5% per month and received interest of KRW 60% per annum, and violated the restriction on interest rate by lending KRW 24,00,000 through six times as shown in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

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

1. G statements;

1. Each investigation report (Attachment of process deed, etc., telephone communications of the debtor, loan certificate, etc.);

1. Details of ordinary deposits, copies of bankbooks, details of account transactions, and agreement notes;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 19(1)1 and Article 3(1) of the Act on the Registration of Relevant Legal Loan Business, etc. and Protection of Financial Users concerning criminal facts (the occupation of unregistered loan business, the selection of fines), registration of loan business, etc., and Articles 19(2)3 and 11(1) (the selection of fines) of the Act on the Protection of Financial Users;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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