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(영문) 청주지방법원 제천지원 2018.05.17 2018고정8
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

A person who intends to run a loan business or a loan brokerage business shall register with the competent authority having jurisdiction over the relevant place of business, and where an unregistered credit service provider lends a loan to an individual or a corporation which is a small enterprise, the maximum interest rate shall not exceed 30% per annum from June 30, 2007 to July 14, 2014 and 25% per annum from the following date until February 7, 2018.

Nevertheless, the Defendant loaned KRW 30,00,000 to C on February 7, 2013 under the condition that C repays KRW 50,000,000 within three months of the loan business without registering the loan business with the competent authorities (interest rate of 266.7% per annum) and extended KRW 68,850,000 in total to C and D eight times from that time until September 22, 2015, as shown in the list of crimes in the attached list of crimes.

Accordingly, the Defendant, from February 7, 2013 to September 22, 2015, engaged in the lending business without registering the lending business to the competent authorities. As above, the Defendant received interest exceeding 25% per annum or 30% per annum.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. The details of each account transaction submitted by C, those of the parent E account transaction submitted by D, and those of A’s account transaction;

1. Certificates of processes with respect to promissory notes of KRW 50 million issued by C, and notes delivered by C to A, respectively, on March 26, 2013;

1. A report on investigation (attaching details transferred to the suspect in C);

1. Investigation report (Preparation of a record of a recording file in the currency submitted by D), recording record (D, A);

1. An investigation report (in addition to the details of account transactions conducted by collection submitted by D), details of account transactions conducted by Nonghyup, and application of Acts and subordinate statutes on account transactions conducted by Nonghyup;

1. Article 19(1)1 and Article 3 of the Act on the Protection of Financial Users (amended by Act No. 13445, Jul. 24, 2015) regarding criminal facts and registration of the old loan business, etc. for the selection of punishment, and Articles 19(1)1 and 3 (unregistered loan business).

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