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(영문) 대구지방법원 서부지원 2014.01.15 2013고정1346
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,500,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Any person who intends to run a credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor having jurisdiction over the relevant place of business, and the interest rate applicable when an unregistered credit service provider lends a loan shall not exceed 30 percent per annum under the Interest Limitation Act.

On March 22, 2012, the Defendant: (a) lent KRW 3 million to the victim D (40 years of age) in the C cafeteria located in Pyeongtaek-si B; (b) paid KRW 2.85 million after deducting KRW 1.5 million as the interest rate; and (c) paid KRW 60,000 per day for 60 days a day; and (d) operated unregistered credit business, from February 19, 2013 to February 19, 2013, the Defendant provided loans to the victim D (40 years of age) with loans exceeding the limited interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement to D and the detailed statement of deposit passbook transactions Acts and subordinate statutes;

1. Article applicable to the facts constituting an offense, Article 19 (1) 1, Article 3 (1) (generally, unregistered credit business), Articles 19 (2) 3 and 11 (1) of the Act on the Protection of Financial Users, and Article 2 (1) of the Interest Limitation Act, and Selection of fines;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

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

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