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(영문) 대구지방법원 2015.11.13 2015고정2271
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to run a credit business without registration shall register the business with the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do governor having jurisdiction over the relevant place of business in each place of business;

The Defendant, around March 2015, lent KRW 1.5 million to the House C located in Daegu Dong-gu, Daegu, and paid KRW 1.28,00,000 after deducting KRW 1.20,000 from tin in terms of fees, etc., and operated credit business without registration that agreed to receive the principal and interest in installments for 65 days each day.

2. The Defendant violated the interest rate limitation: (a) lent KRW 1.5 million to C as stated in the date and time and place set forth in the preceding paragraph; (b) paid KRW 1.38,00,000 after deducting KRW 1.20,000 from tin as a fee; and (c) agreed to receive a repayment of principal and interest in installments for 65 days each day; and (d) violated the interest rate limitation to receive KRW 408.7% per annum.

Summary of Evidence

1. Defendant's legal statement;

1. Standard contract for loan transaction;

1. A report on internal investigation:

1. Application of the Acts and subordinate statutes on site photographs and advertising complexes;

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, 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 (1) of the Interest Limitation Act and selection of fines;

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

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