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(영문) 부산지방법원 동부지원 2019.09.04 2019고단590
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

A person who intends to engage in credit business shall register with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or the Special Self-Governing Province Governor having jurisdiction over the relevant place of business, and Article 2 (1) of the Interest Limitation Act shall apply mutatis mutandis to the interest rate in cases where an unregistered credit service provider lends a loan to another registered credit service provider.

(Provisions concerning the highest interest rate under Article 2 (1) of the Interest Limitation Act). No interest shall be collected exceeding the interest rate.

Nevertheless, on February 20, 2018, the Defendant, without registering a credit business, lent KRW 5 million to D at a law firm located in Busan, Daegu, Daegu, Busan, and delivered KRW 4,550,000 after deducting KRW 4,50,000 from the name of the prior interest, etc., for 100 days, paid interest at an annual interest rate of 116% exceeding the statutory interest rate by collecting KRW 3,50,000 at a five-day rate under the name of the principal and interest as principal and interest, and received interest exceeding the statutory interest rate from the time to November 1, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. A copy of a notarial deed;

1. Details of loan repayment;

1. Detailed statement of transactions in D accounts;

1. Application of Acts and subordinate statutes to each investigation report (applicable to calculation of the annual interest rate/collection preservation amount);

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, respectively.

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