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(영문) 서울서부지방법원 2020.05.27 2020고정455
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

Any person who intends to run a credit business shall operate the business after registration with the head of a Si/Gun/Gu having jurisdiction over the location of the business, and may not be paid to individuals or small-scale corporations in excess of the interest rate pursuant to the laws and regulations

Nevertheless, on September 15, 2017, the Defendant did not register a credit business with the competent Mayor, etc. at the sub-section B of Dongjak-gu Seoul Metropolitan Government (hereinafter referred to as the "Seoul Metropolitan Government") and, in lending the loan principal of 2.5 million won to C&3 vehicles (D) as collateral, agreed to the interest rate of 200,000 won for the loan principal per day, and borrowed the above vehicle as collateral, and received the above money from NHF account in the name of NHF on the same day, and received 2,70,000 won interest, including the interest amount of 2,00,000 won, from September 15, 2017 to April 27, 2018, and received interest exceeding the legal interest rate from C over a total of 20 times.

Accordingly, the Defendant, while running a credit business without registration, received interest exceeding the statutory interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, G, H, and I;

1. Application of statutes on details of financial transactions, details of accounts in agricultural cooperatives, response data to each financial institution, and details of accounts in new banks;

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

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