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(영문) 대구지방법원 2014.05.23 2014고정566
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant, who was engaged in credit business without registration, does not receive interest exceeding the interest rate of 30 percent per annum if the unregistered credit service provider provides a loan.

1. Around February 2012, 200, 200,000 won was lent to D within the Cda located in Daegu-gu, Daegu-gu, and 1.9 million won, excluding 100,000 won as a prior interest, was paid, and the annual interest rate was 292.1% on the condition that D shall be repaid in 60,000 won a day.

2. Around April 2012, in order to lend 200,000 won to E in a mutual unsound loan located in Daegu-gu, Daegu-gu, and paid 1.9 million won excluding 100,000 won as a prior interest, and received interest rate of 40,000 won per annum on the condition that 40,000 won shall be repaid every 60 occasions on a daily basis.

3. Around May 2012, around 2012, the Plaintiff lent KRW 1.5 million to F, and 1.420,000 won, excluding KRW 80,000,000,000,000 per day, and received interest rate of KRW 30,000 per day on the condition that 30,000 won was repaid every day, 296.7%.

4. Around June 2013, 2013, from the office of Seogu-gu Seoul Metropolitan Government to H one million won, the Plaintiff loaned KRW 9.3 million to H, with the exception of KRW 70,000,000,000 per annum 20,000 per day, and received interest at 320.1% per annum on the condition that the Plaintiff shall pay KRW 70,00 per day in advance interest.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Each E, D, and F statement;

1. Application of loan certificates, certificates of seal impression, certified copy of resident registration to H;

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

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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