logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.05.14 2019고단361
대부업등의등록및금융이용자보호에관한법률위반
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. Any person who intends to run a credit business or a credit brokerage business without registration shall file for registration with the Mayor/Do governor having jurisdiction over the relevant place of business;

Nevertheless, on March 9, 2017, the Defendant established a business office called "D," the trade name in the Jung-gu Seoul Special Metropolitan City B building C, and operated non-registered credit business three times from March 9, 2017 to November 4, 2017, including a loan of KRW 400,000,000, including the notarial fee of KRW 105,000,000, monthly principal and interest KRW 120,000, on condition that he/she paid 10,000,000 per month to E for ten months.

2. Where an unregistered credit service provider that violates the interest rate limitation rents a loan, it shall not exceed the interest rate prescribed by Presidential Decree within the scope not exceeding 25 percent per annum provided for in the Interest Limitation Act;

Nevertheless, on March 9, 2017, the Defendant loaned KRW 4 million including KRW 105,00,000 and interest KRW 120,000,000 per month to the obligor E for ten (10) months, on condition that he/she paid the principal and interest KRW 120,000 per month, and received interest exceeding the legal interest rate per annum 67.6% per annum by receiving interest of KRW 120,00 per month, and received interest from the obligor more than the legal interest rate per annum as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes of each loan agreement (number 13,14);

1. Relevant Article on criminal facts, Articles 19 (1) 1 and 3 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 2 (1) of the Interest Limitation Act (the receipt of interest exceeding the interest rate of a unregistered credit service provider),

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

arrow