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(영문) 대구지방법원 2013.10.16 2013고정2208
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendants shall be punished by a fine of one million won.

In the event that the Defendants did not pay the above fine, only 50,000 won.

Reasons

Punishment of the crime

Any person who intends to engage in credit business shall register with the Mayor/Do governor having jurisdiction over the relevant place of business.

In addition, if unregistered credit service providers make a loan, they may not receive interest exceeding 30% per annum, which is the statutory interest rate.

1. The Defendant, without registering his credit business, agreed to pay the debt amount of KRW 30,00 won in total for 12 months each month including the principal and interest of KRW 30,00,00,00,000, from the office of the Defendant, 110 Dong-gu, Daegu-gu, Daegu-gu, 2009, at the office of the Defendant, 3006, and 300,000,000,000,000,000,0000,000,000,000,000,000,000,000

Accordingly, the Defendant, without registering, engaged in credit business and received interest in excess of the legal interest rate.

2. Defendant B, without registering a credit business, lent KRW 3 million to E, which was known through F in the vicinity of the Daegu Suwon-dong KBS Broadcasting Station around August 2012, and agreed to collect the principal and interest of KRW 1,50,000 every month by calculating the interest every 1,50,000 won, and received interest equivalent to 60% of the annual interest rate by receiving the repayment of the debt in accordance with the agreement.

Accordingly, the Defendant, without registering, engaged in credit business and received interest in excess of the legal interest rate.

Summary of Evidence

1. Defendants’ legal statement

1. Statement to E by the police;

1. Details of transactions in each account;

1. Application of each statute on the calculation of interest rates;

1. Article 19 (1) 1, Article 3 (1), Article 19 (2) 3, and Article 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding facts constituting an offense, and Article 2 (1) of the Interest Limitation Act;

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

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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