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(영문) 대구지방법원 2016.08.26 2016고정1495
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant operating unregistered loan business is a unregistered credit service provider.

A person who intends to engage in loan business or loan brokerage business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province branch having jurisdiction over the relevant place of business.

Nevertheless, the Defendant borrowed 3 million won to the obligor C in the old-gu, Seocho-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City Mayor) on October 2013 without registering with the Cheongju City Mayor, and paid 2.85 million won, excluding 150,000 won for fees.

The Defendant agreed to receive a total of 3,920,000 won per day for 76 days each day, and received 70,000 won from that time from that time and received interest equivalent to 434.01% per annum, and operated unregistered loan business three times, such as the daily list of crimes.

2. If an unregistered credit service provider grants a loan in violation of the interest rate limitation, it may not charge interest exceeding 30% per annum, which is the highest interest rate under the lending and borrowing contract prescribed by Presidential Decree in the Interest Limitation Act;

Nevertheless, the defendant lent 3 million won to the debtor C in the same manner at the same time and place as the above "1" and actually paid 2.85 million won, excluding 1.5 million won.

The Defendant agreed to receive a total of 3,920,000 won per day for 76 days each day, and received 70,000 won from that time from that time and received interest equivalent to 434.01% per annum, and violated the restriction on the interest rate over three occasions, such as the daily list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police with regard to C;

1. Report on internal investigation (verification as to whether a suspect D or A's loan business is registered);

1. Application of Acts and subordinate statutes of a report of investigation ( telephone investigation -C);

1. The pertinent provision of the Criminal Act and the Act on the Registration of Loan Business, etc. and the Protection of Financial Users regarding criminal facts (Amended by Act No. 12156, Jan. 1, 2014).

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