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(영문) 대구지방법원 2017.08.25 2017고정1376
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, without registering a loan business with the competent authority on January 7, 2016, lent KRW 2,000,000 to the victim B (the age of 39) on the vehicle of the front apartment in the remote-si, Young-si, Young-si, Young-si, and received interest of KRW 400,000 per month from that time on March 2, 2017, as shown in the list of crimes in the attached Table, and loaned KRW 10,000,000 per annum over seven occasions, and received interest of KRW 240 per annum exceeding the statutory limit (25% per annum).

Accordingly, the Defendant did not register the loan business with the competent authorities and received interest exceeding the statutory limit interest rate.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police against B;

1. A financial transaction statement, the details of the credit union account in the name of D, and the details of the account in the name of Daegu Bank under E;

1. As to the calculation of interest rates, the application of Acts and subordinate statutes;

1. Relevant Article of the relevant Act on criminal facts, registration of the selective loan business, etc. of punishment, and Article 19(1)1, Article 3(1) of the Act on the Protection of Financial Users (referring to the occupation of unregistered loan business, including the occupation of unregistered loan business), registration of each loan business, etc., and Article 19(2)3 and Article 11 subparag. 11 of the Act on the Protection of Financial Users (the occupation of receiving interest exceeding the interest rate), and selection of fines, respectively;

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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