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(영문) 대구지방법원 안동지원 2012.12.24 2012고단985
대부업등의등록및금융이용자보호에관한법률위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Any person who intends to operate a unregistered credit business shall register with the competent administrative agency;

Nevertheless, on March 29, 2010, the Defendant, without registering with the competent authorities, lent KRW 4,500,000 to E at D offices operated by the Defendant who is permanently residing in C, and thereafter, operated credit business by lending KRW 112,240,000 from that time to January 30, 2012, as shown in the separate crime list.

2. Where a credit service provider that violates interest restrictions makes a loan to an individual, the interest rate shall not exceed 49/100 per annum;

Nevertheless, on March 29, 2010, the Defendant loaned KRW 4,500,000 to E at the office of the said automobile dealer around March 29, 2010, and then received payment of KRW 5,000,000 on April 9, 2010 and received interest rate of KRW 368.69% per annum, and violated the restriction on interest rate by receiving the principal and interest equivalent to KRW 115,80,000 in total over several occasions as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning E;

1. Application of Acts and subordinate statutes to each investigation report (related to attachment of a statement of financial transactions and a statement of transactions);

1. Article 19 (1) 1, Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts, Article 19 (1) 1, and Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (2) 3 and 8 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Selection of each fine;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing order of provisional payment order is that the act of collecting interest exceeding the interest rate while running credit business without registering as the crime in this case is high for ordinary people who have to disrupt the financial order and impede the sound development of the national economy and use private financing.

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