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(영문) 춘천지방법원 2014.01.13 2013고정278
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 21, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Chuncheon District Court on February 21, 2013, and the judgment became final and conclusive on August 12, 2013.

The defendant, a person who has operated a credit business in Daegu Metropolitan City C building 303, and intends to operate a credit business, shall register with the competent authority of the relevant office of business, and when an unregistered credit service provider lends a loan, the interest rate shall not exceed 30 percent per annum.

Nevertheless, on December 201, the Defendant lent KRW 1,300,000 to F in the office of “E” located in Seogu-gu, Daegu, and entered into a loan agreement with F, the Defendant granted KRW 300,000 to F as prior interest and fee, and granted KRW 1,00,000 to F, on condition that the Defendant would receive a total of KRW 1,40,000 (689,000 per annum) over seven occasions, both 200,000 and 200,000 in the draft of the agreement.

Accordingly, the Defendant operated unregistered credit business and received interest in violation of the restriction on interest rate.

On September 2011, the Defendant: (a) lent KRW 500,000 per share to the Victim H, and (b) deducted KRW 100,000 per share from the prior interest rate of KRW 100,000 per share until the principal is fully paid; (c) provided loans to the Victim H; and (d) provided credit service at a rate exceeding the statutory interest rate of KRW 400,00 per share (1,300 per annum). From around that time to November 13, 2012, the Defendant received interest from the victim five times in total, such as the list of crimes, from around that time to November 13, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. Each police statement of H;

1. A report on internal investigation (Attachment to a detailed statement of transaction);

1. A report on investigation;

1. An investigation report (attached report on the result of calculating interest rates);

1. Report on internal investigation: The interest rate shall be calculated;

1. Previous convictions in judgment: Application of investigation reports (report attached to written judgments) and Acts and subordinate statutes;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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