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(영문) 인천지방법원 2013.07.30 2013고정2262
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Any person who intends to engage in credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, or Special Self-Governing Province Governor

Nevertheless, the Defendant, without registering a credit business, advertised the credit business through rice Luxembourg market, etc., and, around 15:00 on March 5, 2012, the Defendant run the credit business by frequently paying the principal to the neighboring C on the roads B in Bupyeong-gu Incheon Metropolitan City within 12 months, and lending KRW 17 million on condition that 10% of the principal per month shall be paid as interest.

2. In granting a loan, any unregistered credit service provider may not receive interest exceeding the interest rate limit (30/100 per annum) set forth in the Interest Limitation Act;

Nevertheless, the Defendant received 120% interest per annum exceeding the statutory interest rate when lending KRW 17 million to C at the date and place described in the above 1.1.

Summary of Evidence

1. Statement by the defendant in court;

1. Second police suspect interrogation protocol against the accused (including the C substitute part, No. 27 pages of the investigation record);

1. C police statement;

1. Application of Acts and subordinate statutes to a statement of ordinary deposits trading, a certificate of borrowed money and a copy;

1. Article 19 (1) 1 and Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (amended by Act No. 11544, Dec. 11, 2012; hereinafter the same shall apply), Articles 19 (2) 3 and 11 (1) of the former Act on Registration of Credit Business, etc. and Protection of Finance Users (amended by Act No. 11544, Jun. 12, 2013; hereinafter the same shall apply), Articles 19 (2) 3 and 11 (1) of the former Act on Registration of Credit Business, etc. and Protection of Finance Users, and Selection of each fine;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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