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(영문) 대구지방법원 2017.01.18 2016고정2507
대부업등의등록및금융이용자보호에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who operates a loan business without a trade name.

A person who intends to engage in loan business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business.

Nevertheless, the Defendant, at around 16:00 on March 21, 2016, engaged in a loan business with interest of 292.1% exceeding the statutory interest rate of 2.5% of the unregistered credit service provider, without registering the loan business under the condition that the Defendant would be paid 60,000 won after deducting 1.5 million won from the prior interest from the loan amount of 3,000,000 won.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the loan certificate and investigation report (as to the method of calculating the interest rate per case);

1. Relevant legal provisions concerning criminal facts, registration of selective loan business, etc., and Article 19(1)1 and Article 3(1) (a) of the Act on the Protection of Financial Users, registration of loan business, etc., Articles 19(2)3 and 11(1) of the Act on the Protection of Financial Users, Article 2(1) of the Interest Limitation Act (a) of the Act on the Protection of Financial Users, and selection of fines;

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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