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(영문) 부산지방법원 2018.07.09 2018고정838
대부업등의등록및금융이용자보호에관한법률위반
Text

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

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who runs a business without registration of “B”.

1. Any person who intends to engage in loan business in violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users shall register the relevant place of business with the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors, or Special Self-Governing Province branches having jurisdiction over

Nevertheless, at around 16:30 on May 10, 2017, the Defendant offered KRW 500,000 as a fee to C who wishes to obtain a loan of KRW 5 million in the cash withdrawal machine of Busan Bank located in the Dong-dong, Busan, and paid KRW 4.5 million. On May 20, 2017, the Defendant extended additional KRW 1,00,000 to KRW 6.6 million, including the principal and interest, from July 20, 2017, and run a loan business without registration by receiving KRW 1.20 percent per annum.

2. Where a credit service provider violates the Act on the Registration of Loan Business, etc. and the Protection of Financial Users (in excess of the interest rate) lends a loan to an individual or a small corporation prescribed by Presidential Decree, the lending shall not exceed 25 percent per annum;

Nevertheless, the Defendant loaned money to the above C as in the same time and place as in the preceding paragraph and received approximately KRW 120% interest.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to remittance statements;

1. Article 19(1)1 and Article 3 of the Act on the Registration of Preliminary Loan Business, etc. and Protection of Financial Users concerning criminal facts, Article 19(1)3 and Article 11(1) of the Act on the Protection of Financial Users, and Articles 19(2)3 and 11(1) (a) of the Act on the Registration of Loan Business, Etc. and Protection of Financial Users;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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

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