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(영문) 창원지방법원 2019.10.16 2019고정457
대부업등의등록및금융이용자보호에관한법률위반
Text

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

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

Reasons

Punishment of the crime

Any person who intends to engage in credit business shall register the relevant place of business with the administrative agency having jurisdiction over the relevant place of business, and shall not collect interest exceeding the interest rate provided for in the Interest Limitation Act if any unregistered credit service provider lends a loan.

Nevertheless, the Defendant, without registering with the competent authority on August 4, 2017, deducted KRW 180,000 from the advance interest and KRW 50,000,000 per week and loaned KRW 1.80,000 per annum 20 times each week to B, and received interest of KRW 213% per annum by equal repayment of principal and interest. From August 29, 2018, the Defendant received interest from that time more than four times in total, such as the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A complaint;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 19 (1) 1, 3 (1), 19 (2) 3, and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, concerning punishment, 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. The sentencing grounds of Article 334(1) of the Criminal Procedure Act of the order of provisional payment shall be determined as follows: (a) comprehensively taking into account the size of credit business run by the defendant; (b) the amount of interest received by the defendant; and (c) the age, character and conduct of the defendant; (d) the details and circumstances of the crime

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