logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2012.10.10 2012고정2430
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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.

Nevertheless, on December 5, 2009, the Defendant, without registering a credit business, lent KRW 3,00,000 to C within the main points of Daegu-gu B, Daegu-gu, and received interest of KRW 2,700,000,000 on a yearly rate of KRW 300,000 under the pretext of prior interest, and on the condition that he received interest of KRW 300,000 per annum 453.3% on a monthly basis. On January 5, 2010, the Defendant loaned KRW 1,00,000 to C at the above place and received interest of KRW 30,000 under the pretext of prior interest, and issued KRW 70,000,000 for the remaining amount under the pretext of prior interest and received KRW 300,00 per annum under the condition that he received KRW 300,00 per month interest.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A copy of bankbook;

1. Application of Acts and subordinate statutes governing interest rate calculation;

1. Relevant Article of facts constituting an offense, and Articles 19 (1) 1 and 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, and Article 2 (1) of the Interest Limitation Act;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

arrow