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(영문) 대구지방법원 2013.04.17 2012고정4583
대부업등의등록및금융이용자보호에관한법률위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Any person who desires to operate a credit business as a business of delivering or receiving money, shall register with the administrative agency having the jurisdiction over the place of business concerned.

Nevertheless, the Defendant:

1. On November 06, 201, around 17:00, in a manner of lending KRW 1.5 million to the victim D on the front roads located in Daegu Northern-gu B, Daegu Northern-gu, in order to loan KRW 1.38,000,000 excluding KRW 1.20,000 per day, and to apply the interest rate of KRW 334.4% per annum on a repayment basis of KRW 30,000 per day.

2. No credit service provider or actual operator of a credit business may charge interest exceeding 30% on a loan to an individual or a small-scale corporation;

Nevertheless, the Defendant operated a credit business subject to the above interest rate as stated in Paragraph 1 and exceeded the restriction on the interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on report on internal investigation (calculated interest rates) in the D's written statement and report on internal investigation (attached documents, etc.);

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, and Article 19 (1) 1, Article 3 (1) of the Act on the 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 the selection

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

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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