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(영문) 대구지방법원 김천지원 2017.08.31 2017고정303
대부업등의등록및금융이용자보호에관한법률위반등
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

A person who runs a loan business without registration and borrows bonds to small-scale merchants in need of supply and receives interest from high interest, and a person who intends to run a loan business or loan brokerage business (loan business, etc.) shall register with the competent authority, and if a unregistered credit service provider grants a loan, he/she shall not receive interest exceeding 25% per annum.

Nevertheless, on February 10, 2016, the defendant did not register with the competent authority, and around Busan Gangseo-gu, the defendant loaned 2.67 million won, deducting 3.3 million won, such as the prior interest on the principal amount of 3.3 million won, to the victim D, who reported and contacted the loan advertisement (one lux City) at the C cafeteria located in Gangseo-gu Busan Metropolitan City, and loaned 697% interest rate on the condition that 3.96 million won is paid every 94 days on a daily basis.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police with regard to D;

1. Report of investigation (the investigation of the suspect's identity specified in his/her name), report of internal investigation (the investigation of calculation of interest rates), application of Acts and subordinate statutes to report of investigation (the revision of a list of crimes);

1. Relevant legal provisions of the Act on the Registration of Loan Business, etc. for the Selection of Punishment, and Articles 19(1)1 and 3 (a) of the Act on the Protection of Financial Users, registration of loan business, etc., and Articles 19(2)3 and 11(1) (a) of the Act on the Protection of Financial Users, Articles 8(1) and 2(1) of the Act on the Protection of Interest Restrictions, 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. Articles 70 and 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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