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(영문) 창원지방법원 통영지원 2013.10.21 2013고단402
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding thirty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[Criminal Justice] On January 26, 2007, the Defendant was sentenced to two years of imprisonment for violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the Changwon District Court’s territorial branch on January 26, 2007, and completed the execution of the sentence on September 19, 2008 in the Daegu Prison.

[Criminal Facts]

1. Where an unregistered credit service provider that received interest in excess of the rate of restriction loans, no interest exceeding the rate of 30% per annum shall be collected.

On May 201, the Defendant: (a) paid KRW 2,00,000 to E on every 10 days in the vicinity of the New Park, which was in the middle of 2011, and (b) violated the restriction on the interest rate of KRW 1,80,000,000,000, deducting KRW 2,000,000,000,000,000,000,000,000,000, from February 2, 2011 to April 3, 2013; and (c) violated the restriction on the interest rate of KRW 2,322,00,000,000,000,000,000,000,000,

2. Any person who intends to operate a unregistered credit business shall file for registration with the competent authority having jurisdiction over the relevant place of business by each place of business.

The Defendant, from June 26, 2012 to April 2013, operated a credit business without registering it with the competent authorities in the Tong area from June 26, 2012.

Summary of Evidence

1. The defendant's legal statement (the seventh trial date);

1. Each statement;

1. A criminal investigation report (verification of whether a credit business is registered), account details, transaction details, transaction details (agricultural Cooperatives and Enterprise Banks), suspected transaction details, investigation reports (preparation of a list of crimes), investigation reports (preparation of a monthly loan), investigation reports (preparation of a list of property), and investigation reports (preparation of an additional list of crimes);

1. Before ruling: Application of the Act and subordinate statutes on criminal records and investigation reports (verification of the date of release);

1. Article 19(2)3 and Article 11(1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts, Article 19(2)3 and Article 11(1) of the same Act, Article 19 of the Act on Registration of Credit Business, etc. and Protection of Finance Users.

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