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(영문) 광주지방법원 순천지원 2016.09.22 2015고정845 (1)
대부업등의등록및금융이용자보호에관한법률위반
Text

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

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

Reasons

Punishment of the crime

Anyone who intends to run a loan business shall register with the administrative agency having jurisdiction over the relevant place of business, and where a unregistered credit service provider lends a loan, he/she shall not receive interest exceeding the interest rate prescribed by Presidential Decree (25% per annum).

Nevertheless, on February 22, 2013, the Defendant did not register with the competent authority, and on February 22, 2013, lent KRW 35 million to the obligor B, and thereafter repaid the principal, 105 million shall be paid as interest, and if the principal is not repaid, 105 million won shall be paid as interest, 35 million won shall be paid as interest during the following month, and until the principal is repaid in the same manner (hereinafter “one-day deposit”), and the Defendant agreed to loan the above amount to receive interest equivalent to 36% of interest rate and to receive interest equivalent to 36% of interest rate from August 29, 2014, from that time to August 29, 2014, the Defendant received a restriction on the interest rate of KRW 185,900,000,000 from 266 times as shown in the attached crime list (A) to 84,300,000 won, and received a delivery exceeding the interest rate of KRW 16.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Detailed statement of each transaction;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to report on investigation (report on confirmation of current status of loan business registration);

1. Article 19 (1) 1, Article 3 (Conduct of Business without Registration) and Article 19 (2) 3, Article 19 (2) 1, and Article 11 of the Act on the Protection of Financial Users and Registration of Preliminary Loan Business, etc. for Criminal Facts, and Selection of fines, respectively;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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