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(영문) 대구지방법원 2019.03.19 2018고정1438
대부업등의등록및금융이용자보호에관한법률위반
Text

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

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

Reasons

Punishment of the crime

Any person who intends to engage in credit business shall register with the administrative agency having jurisdiction over the relevant place of business, and where an unregistered credit service provider lends a loan, he/she shall not receive interest exceeding the interest rate of 25% per annum.

Nevertheless, without registering a credit business, the Defendant extended 2 million won to B from Tae-dong, Tae-dong, Daegu, Daegu, on or around August 2017, under the condition that B shall be repaid 30,000 won per day to 80 days, and in fact, issued 1,90,000 won after deducting 10,000 won from the prior interest and received 2,40,000 won per annum over 80 days.

Accordingly, the Defendant is running unregistered credit business, and the Defendant was paid interest exceeding the interest rate of 25% per annum.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of B’s written laws and regulations;

1. Article 19 (1) 1, Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts and Article 19 (1) 1, Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 2 (2) of the Interest Limitation Act (the point of receiving interest exceeding statutory interest rates, the

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Considering the following circumstances in sentencing grounds under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the amount of fine for the summary order already issued cannot sufficiently achieve the purpose of punishment against the defendant.

Therefore, on the basis of Article 457-2 of the Criminal Procedure Act, the fine shall be increased and the sentence shall be determined as ordered.

It is not very good that the credit business was operated without registration, the interest was received at a high rate, and the crime was committed.

The defendant has the same criminal records on several occasions.

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