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(영문) 대구지방법원 2014.11.12 2014고정2297
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. Although a person who intends to engage in credit business or loan brokerage business is registered with the Mayor/Do Governor having jurisdiction over the pertinent place of business, the Defendant, without registering his/her business, lent KRW 3 million to C at the Defendant’s residence located in Daegu Suwon-gu, Daegu-gu, and agreed to receive KRW 110,000 per 1,000 per 13 months in the name of repayment of principal and interest per 1,000 won, and provided loan to C at an unspecified number of unspecified persons from January 2, 2012 to December 2012.

2. Although an unregistered credit service provider did not receive interest exceeding the interest rate prescribed by the law, the Defendant received 78-80,000,000 won from C as the repayment of principal and interest each month, and received interest equivalent to 66.6% per annum exceeding 30% per annum.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Investigation reports, recording records, investigation reports (Attachment of financial transaction statements), details of advance payment of interest, financial transaction statement (post office accounts in the name of a witness D), details of transactions between a suspect and an complainant;

1. Investigation report (Attachment of a detailed statement of deposit transactions in the name of a suspect), detailed statement of deposit transactions (the Daegu bank account in the name of a suspect), investigation report (Attachment of a detailed statement of passbook transactions in the name of a suspect), and statement of passbook transactions in the name of a suspect (E, F, G, H, I, J, C,D, K, M, N,O, P, Q, S, T, and U);

1. Investigative report (with respect to the calculation of interest rates), application of Acts and subordinate statutes as a result of calculation of interest rates;

1. Relevant Article of facts constituting an offense, and Articles 19 (1) 1, 3 (1) ( point of running unregistered credit business), 19 (2) 3, and 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, and the Selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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