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(영문) 대구지방법원 2018.11.23 2018고정1082
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

A person who intends to engage in loan business shall register with the administrative agency having jurisdiction over the relevant place of business, and where a unregistered credit service provider grants a loan, he/she shall not receive interest exceeding the interest rate of 25% per annum.

Nevertheless, without registering a loan business, the Defendant loaned KRW 1,00,000 to C on April 28, 2017 in the form of 200,000 won per day on the 60-day basis, and issued KRW 9,50,000,000 after deducting 50,000,000 from actual fees, and received interest equivalent to 320.2% per year by receiving 40,000 won as interest for part of the principal and interest thereon on the following day, and received interest exceeding the interest rate of 25% per annum from March 31, 2017 to July 31, 2017, as described in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The application of Acts and subordinate statutes to each internal investigation report (attached to a detailed statement of deposit transactions), internal investigation report (attached to a screen to the closure of a program for calculating interest rates of the Financial Supervisory Service), a detailed statement of account transactions, a criminal investigation report (C telephone hearing), an investigation report (calculated of interest rates);

1. Relevant legal provisions of the relevant criminal facts, registration of the selective loan business, etc. of punishment, and Article 19(1)1 and Article 3(1) of the Act on the Protection of Financial Users (referring to the operation of unregistered loan business), registration of loan business, etc., and Articles 19(2)3 and 11(1) (referring to the receipt of interest exceeding the interest rate) of the Act on the Protection of Financial Users, and the selection of fines;

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. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.

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