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(영문) 대구지방법원 2016.09.21 2016고정1745
대부업등의등록및금융이용자보호에관한법률위반
Text

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

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

Reasons

Punishment of the crime

We revised and supplemented the facts charged to the extent that it does not hinder the defendant's right of defense.

Any person who intends to engage in loan business shall register his/her business with a Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province branch having jurisdiction over the relevant place of business, and the interest rate thereof shall not exceed 25/100 per annum.

Nevertheless, the Defendant, without registering the loan business, has run the loan business over four occasions as follows, and the court received interest exceeding 25/100 per annum from the obligor and violated self-regulation.

1. On July 2015, the Defendant lent KRW 1 million to the obligor C at the window dressing point of the Seo-gu, Daegu-gu Defendant’s branch office around July 2015, and actually loans KRW 90,000,000,000,000,000,000,000,000, and received 365% interest per annum on the condition that 10% interest was paid on the 10th day.

2. Around the end of December 2015, the Defendant loaned an obligor D’s KRW 1 million at the same window-type store as above, and actually loaned KRW 900,000 to KRW 100,000,000,000,000,000, and received 365% interest per annum on the condition that 10% interest was paid on the 10th day.

3. On May 13, 2016, at around 12:30 on May 13, 2016, the Defendant: (a) lent KRW 200,000,000 to the obligor E, and (b) actually leased KRW 1,80,000,000 to the obligor E; and (c) was paid 365% interest per annum on the condition that 10% interest was paid on the 10th day.

4. On May 30, 2016, at around 13:00 on May 30, 2016, the Defendant: (a) lent the debtor F to the above-mentioned apartment restaurant; (b) KRW 3 million; and (c) actually leased KRW 2.7 million with a limit of KRW 3 million; and (d) paid 365% interest per annum on the condition that 10% interest was paid on the 10th day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to loan certificates and respective letters of debt;

1. Registration of the relevant legal provisions and selective loan business for criminal facts, and the protection of financial users;

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