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(영문) 수원지방법원 2017.07.06 2017고정1031
대부업등의등록및금융이용자보호에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The defendant operates a loan business without a trade name against the tenant of a member of Ansan-si, Si, Gunpo-si, and B is in charge of distributing the name of the principal and interest and the name of the public relations as the loan business members.

1. A person who intends to engage in a loan business without registration shall register the loan business with the administrative agency having jurisdiction over the relevant place of business by place of business;

Nevertheless, on December 20, 2016, the Defendant, in collusion with B, lent KRW 1 million to C in the vicinity of the Sinpo-si, Sinpo-si on December 20, 2016, and operated the loan business without registration by lending KRW 1 million to D around January 5, 2017.

2. Giving and receiving interest rates in excess;

A. On December 20, 2016, the Defendant, in collusion with B, lent KRW 1 million to the debtor C as set forth in paragraph (1) of the foregoing paragraph, deducted KRW 100,000 as a fee. The Defendant loaned KRW 900,000 as a loan to the debtor C, and received interest at an annual interest rate of 10,073.3% on the condition that 50,000 won per day is repaid for 26 days.

B. On January 5, 2017, the Defendant, in collusion with B, lent KRW 1 million to D, deducted KRW 100,000 as a commission, and received interest at an annual interest rate of KRW 670.5% on the condition that 90,000 per day principal and interest was repaid for 44 days by lending KRW 90,000 as a fee.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Investigation report (verification of the fact of damage);

1. Application of the statutes on the standard contract for each loan transaction and a copy of each name tag;

1. Relevant legal provisions concerning criminal facts, registration of the selective loan business, etc., and Article 19(1)1 and Article 3(1) of the Act on the Protection of Financial Users, Article 30 of the Criminal Act (including the occupation of unregistered loan business, including the occupation of unregistered loan business), registration of each loan business, etc., and Articles 19(2)3 and 11(1) of the Act on the Protection of Financial Users, Article 30 of the Criminal Act, and selection of fines, respectively;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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