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(영문) 대전지방법원 천안지원 2012.08.09 2012고정524
대부업등의등록및금융이용자보호에관한법률위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Any person who intends to run a credit business shall file for registration with the Mayor/Do Governor having jurisdiction over the relevant place of business, and where an unregistered credit service provider grants a loan, the loan shall not exceed the maximum interest rate provided for in the Interest Limitation Act (30% per annum after June 30, 2007).

On January 15, 2008, the Defendant loaned the agreed loan amount of KRW 2 million to the victim C (the age of 45) without being registered with the competent administrative agency at the Defendant’s office located in Asan-si B Apartment 104, 1706, and without being registered with the competent administrative agency on January 15, 2008, under the condition that he is paid interest at the rate of 91.2% per annum for a month, and received interest equivalent to the annual interest rate of KRW 91.2% from around that time to January 19, 2011.

Accordingly, the Defendant operated a unregistered credit business and received interest exceeding the limited interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each police statement of C;

1. Each police investigation report;

1. Application of Acts and subordinate statutes on trading lists;

1. Article 19 (1) 1 and Article 3 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning facts constituting an offense, and Article 19 (1) 1 and Article 3 of the Act on the Protection of Finance Users, Article 19 (2) 3 and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (the point of receiving interest exceeding the interest rate, the choice 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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