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(영문) 부산지방법원 2015.11.25 2015고단3516
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On November 8, 2013, the Defendant was sentenced to imprisonment with prison labor for ten months in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) at the Busan District Court and two years and six months in suspension of execution, and the judgment became final and conclusive on December 4, 2013.

【Criminal Facts】

Any person who intends to operate a credit business shall register with the administrative agency having jurisdiction over the relevant place of business, and may not receive a loan from an unregistered credit service provider in excess of the annual interest rate of 25 percent provided for in the Interest Limitation Act.

Nevertheless, the Defendant loaned KRW 2,820,00 to E financial users without registering a credit business on July 1, 2014, and received KRW 3,600,000 each day from October 7, 2014 to pay KRW 60,000 each day from October 7, 2014 (the interest rate of 306% per annum) and received KRW 720,720, interest exceeding the limited interest rate. From July 2014 to October 2014, the Defendant loaned KRW 49,650,000 in total to 18 financial users without registering a credit business as shown in the annexed crime list, and received KRW 6,962,666,60,60 in the annexed list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. A copy of the police statement concerning F;

1. A copy of a statement of transaction in the name of the Agricultural Cooperative, the Saemaul Bank's account, the calculation of interest rates for each number of days, and a statement of account transactions in each suspect;

1. Investigation report (the No. 12, 17 of the evidence list);

1. Records before judgment: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (Evidence List Nos. 16);

1. Article 19(1)1, Article 3(1), Article 19(2)3, and Article 11(1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and the Selection of Punishment: The amount of interest received in excess of statutory interest rate shall be KRW 7 million, and the amount of interest received in excess of statutory interest rate shall be agreed upon by both the finance users and the finance users.

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