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(영문) 대구지방법원 2014.12.18 2014고정2576
대부업등의등록및금융이용자보호에관한법률위반
Text

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

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

Reasons

Punishment of the crime

Any person who intends to run a credit business shall register with the head of the competent Si/Gun/Gu having jurisdiction over the relevant place of business, and if an unregistered credit service provider engages in a credit business, the interest rate shall not exceed 30% per annum.

Nevertheless, the defendant had been able to engage in a credit business with high interest on money lending to unspecified persons and receiving high interest.

around May 2010, the Defendant lent KRW 5 million to B within an inferable office located in Jung-gu, Daegu-gu, Daegu-gu, and received KRW 550,000 per month from May 2, 2010 to November 2, 2012, as shown in the attached Table, such as “the list of crimes”, and received interest from B and C during 12 months.

Accordingly, the Defendant received 66.6% interest per annum in excess of the statutory interest rate and carried out unregistered credit business.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Details of transactions for entry and withdrawal;

1. Annual details of loans;

1. Application of each statute on a loan certificate;

1. Article 19 (1) 1 and Article 3 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, Article 19 (1) 1 and Article 3 of the Act on the Registration of Unregistered 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 Selection of fines;

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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