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(영문) 부산지방법원 2016.05.12 2016고정554
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to run a loan business without registration or a loan brokerage business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province having jurisdiction over the relevant place of business;

Nevertheless, the Defendant, without registering with the competent authority on October 24, 2010, lent the daily amount of KRW 100,000 to the obligor B, and agreed to receive KRW 30,000 won for 43 days. From around that time to May 12, 2012, the Defendant loaned the total amount of KRW 750,000 won per total amount of principal four times, such as written in the list of crimes in the attached Table, to operate a non-registered loan business.

2. Where a credit service provider, who has not been registered in violation of the interest rate, lends a loan, he/she shall not receive interest exceeding the interest rate of 30% per annum prescribed by the Act on the Restriction of Interest

Nevertheless, as described in paragraph 1, the Defendant agreed to engage in unregistered loan business that lends a total of KRW 7,500,000 to the obligor B four times, and violated the interest rate limitation by receiving interest exceeding the statutory interest rate.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A detailed statement of transactions of passbooks to agricultural cooperatives and a detailed statement of transactions of passbooks to post offices;

1. Investigation reports (verification of the registration of loan business), investigation reports (Attachment to the calculation table of interest rates) and the application of statutes;

1. Article 19(1)1 of the Act on the Registration of Preliminary Loan Business, etc. and Protection of Financial Users concerning criminal facts, Article 19(1)1 of the Act on the Protection of Financial Users (including the operation of unregistered loan business), Article 3(1) of the Act on the Registration of Loan Business, etc. and Articles 19(2)3 and 11(1) of the Act on the Protection of Financial Users (the receipt of interest exceeding the interest rate) and each fine;

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 concerning the order of provisional payment;

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