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(영문) 대구지방법원 상주지원 2014.02.11 2013고단223 (1)
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

A person who intends to engage in credit business of 2013 Highest 223 " shall register with the competent authority having jurisdiction over the relevant place of business for each place of business and shall not receive interest exceeding the interest rate of 30% per annum when engaged in credit business without such registration. However, B conspired to violate the restrictions on unregistered credit business and interest rate by means of taking charge of collecting money from some of the debtors and B, while distributing a name of loan promotional order obtained and produced in C at the time of stay and lending money to the debtor.

1. Around March 19, 2012, the Defendant, in collusion with B, lent KRW 1 million to D, and violated the limitation on the interest rate by allowing 304.9% interest per annum on the condition that 20,000 won shall be repaid in 65 days each day on the condition that she repaid the principal and interest of KRW 30,000 per annum, and violated the restriction on the interest rate by not later than October 10, 2012, as stated in the attached list of crimes by October 10, 2012.

2. The Defendant, in collusion with B, lent money to D, etc. from March 2012 to June 2012 without registering with the competent authority, and collected the money from D, etc. at the place of temporary residence from March 2012 to June 2012, the Defendant offered credit business against many unspecified persons.

Summary of Evidence

1. Statement by the defendant in court;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Statement to E by the police;

1. Records and lists of police seizure;

1. A report on investigation (137 pages of investigation records);

1. An application for loan and a copy of the account book;

1. Application of Acts and subordinate statutes on details of passbook transactions;

1. Article 19(2)3 and Article 11(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, etc. (Amended by Act No. 11544, Dec. 11, 2012; hereinafter the same) regarding facts constituting an offense, Article 30 of the Criminal Act, and Article 19(1)1 of the former Act on Registration of Credit Business, etc. and Protection of Finance Users.

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