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(영문) 대구지방법원 2013.07.24 2013고정1658
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Any person who intends to run a credit business shall file for registration with the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor having jurisdiction over the relevant place of business, and where an unregistered credit service provider engages in a credit business, he/she shall not exceed 30 percent per annum.

1. On the end of December 2012, the Defendant lent KRW 1,00,000 to the obligor D in Daegu Jung-gu, Daegu-gu, and deducted KRW 7% from the fee, and actually lent KRW 930,000 per day to the obligor D, and was repaid KRW 20,000 per day for 65 days.

2. On February 2013, 2013, the Defendant lent KRW 1,50,000 to debtor D on the front day of the said Cmate, and deducted KRW 7% from the name of fees, and actually lent KRW 1,395,000 per day, and received reimbursement in 30,000 per day for 65 days.

Accordingly, the Defendant, while running a unregistered credit business, received 395% interest per annum.

Summary of Evidence

1. Defendant's legal statement;

1. Calculation formula of the interest rates for each number of days;

1. A copy of the loan application;

1. Application of investigation report (verification of suspect A's debtor D's frequency of loans, etc.) Acts and subordinate statutes;

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 concerning criminal facts and Article 2 (1) of the Interest Limitation Act;

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

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