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(영문) 대전지방법원 홍성지원 2015.04.10 2015고정71
대부업등의등록및금융이용자보호에관한법률위반
Text

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

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

Reasons

Punishment of the crime

1. A person who intends to engage in credit business in violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users due to unregistered credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor

Around March 17, 2009, the Defendant, without registering with the competent authority, lent KRW 100 million to C without setting the due date for payment on condition that C shall be paid an amount equivalent to 3% of the principal amount of monthly interest, and run credit business by lending money to four persons, as shown in the attached list of crimes, from that time to June 3, 2013.

2. Where an unregistered credit service provider violates the Act on Registration of Credit Business, etc. and Protection of Financial Users due to Violation of Interest Rate Restrictions, the loan may not exceed 30% of the annual interest rate pursuant to the Interest Limitation Act;

The Defendant, while running a de facto credit business, as described in the foregoing paragraph, was paying KRW 100 million to C around March 17, 2009, and received KRW 3 million interest equivalent to KRW 3 million per month, as stated in the list of crimes in the separate sheet from that to June 3, 2013, and received interest at least 36% per annum exceeding 30% per annum in violation of the interest rate limit.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to a statement of transactions in the NongHyup Account, NongHyup), investigation report (Attachment to a statement of transactions in each account), and investigation report (Attachment to details

1. Article 19 (1) 1 and Article 3 of the Act on Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, Article 19 (1) 3 and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 19 (2) 3 and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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