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(영문) 대구지방법원 2014.04.10 2014고정313
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who engages in unregistered credit business in Busan.

Anyone who intends to run a credit business shall register his/her credit business with the competent authority, and may not receive interest exceeding 30% per annum, which is the interest rate provided for in the Interest Limitation Act, from an unregistered credit service provider.

Nevertheless,

1. Around 12:00 on August 7, 2013, the Defendant loaned KRW 1,000,000,000 to the office of competent jurisdiction, after deducting KRW 10,000,000, which is 10% of the fee, from the office of the second floor C located in Busan Southern-gu, Busan, and paying KRW 9,00,000 per day as principal, the Defendant loaned 889.0% interest per annum on condition that 40,000 won shall be paid for 333 days per day.

2. On August 11, 2013, the Defendant, without registering with competent authorities, lent KRW 1,00,000,000 to the houses located in D located in Busan Southern-gu, Busan-gu, and deducted KRW 100,000,000, which is 10% of the commission, as principal and paid KRW 90,000 per day, and loaned interest at 889.0% per annum on condition that 40,000 won shall be paid for 333 days per day.

Accordingly, the Defendant did not register with the competent authorities and did not run a credit business, and received interest exceeding the limited interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each police statement with respect to C and D;

1. A copy of the police seizure record and the list of seizure;

1. Application of each detailed statement of transactions statutes;

1. Article 19 (1) 1 and Article 3 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and the Selection of Punishment, Article 19 (2) 3 and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (2) 3 and 11 (1) of the Act on the Protection of Finance Users, and Selection 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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