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(영문) 청주지방법원 2016.09.29 2016고정713
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who operates a business without registration in a member of the Cheongju area.

A person who intends to engage in loan business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business, and where an unregistered credit service provider grants a loan, the interest rate shall not exceed 25% per annum.

On September 2015, the Defendant distributed one house in the Cheongju-gu, a commercial district, and received the interest that exceeds 25% per annum while lending KRW 1,000,000 in cash at the D coffee shop in Cheongju-gu, Chungcheongnam-gu, Chungcheongnam-gu, and lending KRW 20,000 per day on the condition that 20,000 per day be repaid for 65 days.

As a result, the Defendant received interest exceeding 25% per annum while operating a large side business without registering with the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to B;

1. A new statement of transaction in banks and a statement of transaction in national banks;

1. Application of Acts and subordinate statutes on response to transaction details;

1. Registration of the relevant legal loan business, etc. for facts constituting an offense, and Articles 19 (1) 1 and 3 (1) (a) of the Act on the Protection of Financial Users, registration of loan business, etc., and Articles 19 (2) 3 and 11 (1) of the Act on the Protection of Financial Users (a point of receipt of interest exceeding the restricted 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. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.

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