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(영문) 부산지방법원 2018.02.01 2017고정2414
대부업등의등록및금융이용자보호에관한법률위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.

A person who intends to engage in loan business shall register with the administrative agency having jurisdiction over each place of business, and where an unregistered credit service provider grants a loan, he/she shall not receive interest exceeding 25% per annum, which is the statutory interest rate.

Nevertheless, on June 30, 2016, the Defendant paid 4.84 million won after deducting 1.6 million won from B around July 31, 2016 without registering a loan business to the competent authority, and paid 5.5 million won from B around July 31, 2016. From around that time to March 24, 2017, the Defendant loaned 13 times to six debtors of total amount of money and received interest exceeding 25% of the statutory limit interest rate.

Accordingly, the defendant operated unregistered loan business and received interest exceeding the legal limit interest rate.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on investigation reports (such as borrowing certificates, 30 pages of investigation records);

1. Relevant legal provisions of the relevant Act concerning criminal facts, registration of selective loan business, etc., and Article 19(1)1, Article 3(1) (including unregistered loan business, including unregistered loan business,) of the Act on the Protection of Financial Users, registration of each loan business, etc., and Articles 19(2)3 and 11(1) of the Act on the Protection of Financial Users (including receipt of interest exceeding the interest rate set forth by unregistered credit service providers), and selection of fines;

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 Article 69(2) of the Criminal Act to attract a workhouse;

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

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