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(영문) 대구지방법원 2012.11.07 2012고정2936
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.

Reasons

Punishment of the crime

Any person who intends to engage in credit business shall register as the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor having jurisdiction over each place of business.

In addition, if a unregistered credit service provider lends a loan to an individual, it does not receive interest exceeding 30% per annum of legal interest rate.

Nevertheless, without registering a credit business, the Defendant extended 4.3 million won per annum to E in the case of the number of hospitals located in Daegu-gu, Daegu-gu, without registering the credit business, on October 22, 2010, with interest of 1.5 million won per annum after deducting 7.3 million won per annum from the aggregate of the interest fees, on condition that he/she repaid 1.5 million won per month between 14:00 and 11:00 on August 15, 2011, and received 1.57% interest per annum after deducting 4.3 million won per annum from the aggregate of the interest fees, on condition that he/she repaid 5 million won per month between 15:00 and 5,000 won on March 24, 201, after deducting 7.3 million won per annum from the aggregate of the interest and commission fees.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to E by the police;

1. A complaint;

1. Copy of the loan certificate;

1. Application of Acts and subordinate statutes on trading lists;

1. Relevant Article of facts constituting an offense, and Articles 19 (1) 1 and 3 (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 Registration of Credit Business, etc. and Protection of Finance Users, and Article 2 (1) of the Interest Limitation Act;

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

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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