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(영문) 대구지방법원 포항지원 2019.03.06 2019고정13
대부업등의등록및금융이용자보호에관한법률위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Anyone who intends to engage in credit business shall register his/her credit business with the Mayor/Do Governor having jurisdiction over the relevant place of business, and shall not collect interest exceeding 24 percent per annum from the unregistered credit service providers, if they lend a loan.

Nevertheless, on June 15, 2018, the Defendant, without registering with the authorities, lent KRW 5,000,000 to C at the “C secondary shop” located on Pyeongtaek-si B and the second floor to C, and leased KRW 150,000 each day on a condition that 150,000 per annum be repaid for 40 days each day, at 336.1% per annum.

Accordingly, the defendant operated unregistered credit business and exceeded the limited interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (related to materials proving the act of credit business not under suspicion) - the name of the number of days D days, leaflet, and photographic materials at the control site;

1. Application of the statutes on debt data, such as the debtor C seal impression;

1. Article 19 (1) 1, Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts, Article 19 (1) 1, Article 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 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 (1) 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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