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(영문) 대구지방법원 2012.12.28 2012고정2427
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Any person who intends to engage in credit business shall register as the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor having jurisdiction over each place of business.

In addition, if a unregistered credit service provider lends a loan to an individual, it does not receive interest exceeding 30% per annum of legal interest rate.

The Defendant, in collaboration with B, lent KRW 1 million to D on January 4, 2012, 200, without registering with the competent authority, and loaned KRW 900,000,000,000 to D on a prior interest and commission basis, 30,000 won per day, and received interest exceeding the limited interest rate by receiving interest rate of KRW 577.3% per annum on a 41-time repayment basis, under the conditions that 30,000 won per day.

The Defendant, “2012 High-Family 2428,” without registering with the competent authority on November 24, 201, lent 1780,000 won to F from the Jung-gu, Daegu to F, and received interest at least 378% per annum on a 60-time repayment terms of 40,000 won per day, from that time until January 6, 2012, the Defendant received interest exceeding the limited interest rate for three times in total, such as in the list of crimes.

Summary of Evidence

"2012 Highly 2427"

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Written statements of D;

1. The interest rate calculation formula "2012 high-ranking2428";

1. Defendant's legal statement;

1. A copy of the police statement concerning F;

1. The interest rate calculation formula;

1. A list of transactions;

1. Application of Acts and subordinate statutes confirming the details of transactions of entry and departure;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Articles 19(1)1 and 3(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users; Article 30 of the Criminal Act; Articles 19(2)3 and 11(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users; Article 2(1) of the Interest Limitation Act; Article 30 of the Criminal Act

B. Articles 19(1)1 and 3(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, respectively.

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