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(영문) 대구지방법원 상주지원 2012.11.06 2012고정27
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine not exceeding 4.9 million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

To the extent that there is no concern about substantial disadvantage to the defendant's exercise of his/her right of defense, facts constituting a crime are recognized by rhyming

Any person who intends to run a credit business shall register his/her business with the competent authority having jurisdiction over the place of business, and where he/she engages in a credit business without such registration, before January 20, 2009, the previous Act on Registration of Credit Business, etc. and Protection of Finance Users (amended by Act No. 9344, Jan. 21, 2009) was amended by Act No. 9344 on Registration of Credit Business, etc. and Protection

(hereinafter the same shall apply.

Article 8(1) of the Enforcement Decree of the Interest Limitation Act and Article 5(3) of the Enforcement Decree of the same Act prior to the amendment by Presidential Decree No. 21446 of April 21, 2009, and after January 21, 2009, interest shall not be collected in excess of the annual interest rate of 30% as stipulated in Article 2(1) of the Interest Limitation Act and Article 2(1) of the Presidential Decree of the Interest Limitation Act.

1. The Defendant, without registering with the competent authority from June 2008 to December 2, 2009, engaged in unregistered credit business without registration, such as lending from the “D” office operated by the Defendant at the time of residence from June 2008 to December 2009, as described in the following paragraph (2).

2. The defendant at the above office

A. A. around June 20, 2008, while lending KRW 100,000 to E around June 20, it was determined to receive interest of KRW 100,000 per month, and then deliver 90,000 remaining 10,000 won after deducting 100,000 won under the name of the first-month interest on the same day, and receiving interest exceeding the statutory limit rate of KRW 100,000 per annum from E (134% per annum);

B. On December 8, 2009, 100 won was loaned to E on December 8, 2009, 100 won was determined to receive interest of 80,000 won per month, and 9.20,000 won remaining after deducting 80,000 won interest under the name of the first-month interest on the same day, shall be delivered, and 85% per annum shall be paid from E in the following month as interest for one-month interest (one hundred

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