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(영문) 대전지방법원 천안지원 2017.12.22 2017고정780
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A person who intends to engage in loan business shall register the loan business with the administrative agency having jurisdiction over the relevant place of business for each place of business;

Nevertheless, on June 8, 2017, the Defendant: (a) lent KRW 4.5 million to D who operates the Chinese house in Suwon-si, Suwon-si; and (b) KRW 1.8 million to E who works at the distribution center in Yongsan-si on the 21st day of the same month; and (c) operated unregistered loan business.

2. No unregistered credit service provider shall receive interest from the other party to a transaction in excess of 25% per annum prescribed by the Restriction on Interest Act;

A. On June 8, 2017, the Defendant loaned KRW 500,000,000 to D, who operates a Chinese house in Suwon-si, Suwon-si, Suwon-si, and deducted KRW 500,000 as a fee, and received interest by applying the annual interest rate of KRW 436.7% on the condition that 10,000 per day principal and interest was repaid for 65 days by lending KRW 4.5 million as a fee.

B. On June 21, 2017, the Defendant loaned KRW 2 million to E working at the Osan-si Logistics Center and deducted KRW 200,000 as a fee, and received interest by applying the annual interest rate of KRW 436.7% per day on the condition that 1.8 million is repaid for 65 days with a loan of KRW 1.8 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as name cards for public relations of loans, copies of each debt document (D, E), investigation reports (calculated of the interest rate per day), investigation reports (verification of the fact of damage and attachment of a written statement);

1. Article 19(1)1, Article 3(1) of the Act on the Registration, etc. of Loan Business and the Protection of Financial Users (hereinafter “Act on Loan Business”), Article 19(2)3, and Article 11(1) of the Act on each loan business (the fact that a loan business is unregistered, the selection of fines), Article 19(2)3, and Article 11(1) of the Act on the Protection of Financial Users for criminal facts;

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

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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