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(영문) 대구지방법원 2018.09.13 2018고정703
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

A person who intends to engage in loan business shall register with the competent authority for each place of business, and where a unregistered credit service provider grants a loan, he/she shall not lend a loan exceeding the statutory interest rate of 25% per annum.

Nevertheless, Defendant B, and C conspired with the competent authority from October 2016 to July 5, 2017, without registering the loan business office with the competent authority. The Defendant operated the loan business office without having registered the loan business office, and B and C came to have been in mind to engage in the unregistered loan business, such as distributing “the leaflet for the loan business,” and taking charge of the collection business.

Defendant, B, and C loaned KRW 1,00,000 to E in Daegu Suwon-gu around October 2016 and agreed to repay KRW 20,000 each day at the interest rate of 306% per annum for 60% per annum and granted KRW 940,000 per annum after deducting KRW 60,000 per annum, such as in the list of crimes in the attached list of crimes.

Accordingly, in collusion with B and C, the Defendant did not register with the competent authorities, but did the loan business more than the statutory interest rate.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police in relation to C or B;

1. Statement made by the police with regard to F;

1. A report on internal investigation (including additional data), an extract of a person eligible for a loan (an extractment of a person eligible for a loan), an investigation report (a victim G telephone statement), an investigation report (an investigation of a victim H telephone answer statement), an investigation report (an investigation of a victim's I telephone statement), an investigation report (an investigation of a victim's J telephone statement), an investigation report (an investigation of a victim's J telephone statement), and

1. Application of 8-type 8 Acts and subordinate statutes to the interest rate calculation;

1. Article 19(1)1 and Article 3(1) of the Act on the Registration of Preliminary Loan Business, etc., and Protection of Financial Users for criminal facts, Article 19(2)3 and Article 11(1) of the Act on the Registration of Loan Business, etc. and Protection of Financial Users, Article 19(2)3 of the Act on the Protection of Financial Users, and Articles 19(2)3 and 11(1) of the Act on the Registration of Loan Business, etc., and Article 30 of the Criminal Act (the receipt of interest exceeding the interest rate).

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