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(영문) 울산지방법원 2017.07.21 2017고정460
대부업등의등록및금융이용자보호에관한법률위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant operated a lending business entity called “D” in Ulsan-gu, Ulsan-gu, by February 16, 2012, and did not renew the loan business registration even after the term of validity has expired, and E is a multilateral employee who borrowed money from the Defendant several times.

1. Any person who intends to conduct loan business shall register his/her business with a Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor or Special Self-Governing Province branch having jurisdiction over the relevant place of business;

Nevertheless, the Defendant did not register the loan business with the Ulsan Metropolitan City Mayor on August 3, 2014, lent KRW 3 million to E from Ulsan-dong, Ulsan-dong, Ulsan-dong, with a loan of KRW 3 million with a prior interest of KRW 300,000,000, and run a loan business in cash.

2. Where an unregistered credit service provider grants a loan, it may not charge interest exceeding 25 percent per annum, which is the highest interest rate under the Interest Limitation Act;

Nevertheless, the Defendant loaned KRW 300,000 to E at the same date, time, place, and place as described in Paragraph 1. of the above, and received KRW 39,00 per day within the due date of 100 days, and actually paid KRW 300,000 for prior interest or handling fees.

Accordingly, the Defendant received interest of 266.9% per annum by receiving a total of KRW 4,346,000 from five times in total, cash and passbook every ten days until July 15, 2016 by paying a total of KRW 4,346,00 over 13 times.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol regarding E (including the substitute part with the defendant);

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 19(1)1, Article 19(2)3, and Article 11(1)1 of the Act on the Protection of Financial Users (Amended by Act No. 11544, Dec. 11, 2012; Act No. 11544, Dec. 1, 201); the selection of fines for criminal facts;

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.Article 70(1) and (2) of the Criminal Act to attract a workhouse.

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