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(영문) 대구지방법원 2014.11.13 2014고정2108
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who runs a unregistered credit business.

1. A person who intends to engage in a loan or loan brokerage business in violation of the Registration of Credit Business and Protection of Financial Users Act shall file for registration with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province Governor, having jurisdiction over the relevant place of business;

Nevertheless, the defendant does not register with the competent authorities.

(a) around March 2014 lending KRW 4 million to C from the house located in Suwon-gu, Daegu to C in the name of the interest rate of KRW 50,000 in advance and KRW 3.950,000 in advance, with the condition that 4.80,000 won shall be repaid at an annual interest rate of KRW 199.1 percent in one week;

B. Around March 2014, a loan of KRW 50,000 to the victim D with a prior interest rate of KRW 1 million and KRW 50,000 per day on condition that KRW 30,000 per day shall be repaid at an interest rate of KRW 250,00 per annum in advance and KRW 9,50,00 per day;

C. On April 2014, 2014, after lending KRW 2 million to F in the house located in the Daegu Suwon-gu Ethnman, 50,000 won was loaned at an interest rate of 187.87% per annum on the condition that 300,000 won per week was first repaid at an interest rate of 187.87% per annum.

Accordingly, the Defendant engaged in unregistered credit business.

2. Although the Defendant could not receive interest exceeding 30/100 of the registered credit business in violation of the Registration of Credit Business and Protection of Financial Users Act (the exceeding of the interest rate limit), the Defendant made a loan at the above interest rate to exceed the interest rate limit.

Summary of Evidence

1. Defendant's legal statement;

1. Certification of details of deposits and transactions;

1. A report on internal investigation;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 19 (1) 1 and Article 3 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and the Selection of Punishment, and Article 19 (1) 1 and Article 3 (Occupancy of Unregistered Credit Business Business) and each credit business;

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