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(영문) 대구지방법원 2014.05.09 2014고정465
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

Defendant did not register a credit business;

1. From D, around May 7, 2013, operated by the debtor C in Daegu-gu, as of May 7, 2013, a loan of KRW 2 million to C is provided with a fee of KRW 5% and KRW 20,000 per annum after deducting KRW 60,000 from fees and KRW 30,000 per annum for 84 days.

2. On May 21, 2013, in the vicinity of the Home Packer located in the Seo-gu, Daegu Metropolitan City, the debtor lent KRW 1 million to E with a loan of KRW 5% and KRW 20,000 per annum after deducting KRW 5% of the fee and KRW 20,000 per annum for 58 days. The interest was paid at KRW 314.4% per annum.

3. On June 18, 2013, the Defendant F was loaned KRW 1,00,00 to the obligor F at the Home Plus Office located in the Seo-gu merchants’ Dong-dong, Seo-gu, Daegu and received interest at 314.4% per annum under the same conditions as the foregoing 2.

4. On July 9, 2013, a loan of KRW 1 million to C within the D operated by a debtor debtor C in Daegu-gu, Daegu-gu, and on the same conditions as the foregoing 2.

Accordingly, the Defendant, without registering credit business, operated credit business with interest exceeding 30% of the statutory limit interest per annum.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the name cards, respective borrowing certificates, calculating the interest rate for the number of days, and investigation reports (suspect A-related suspect and debtor C counterpart investigation);

1. Article 19 (1) 1, Article 3 (1) ( point of running unregistered credit business), Articles 19 (2) 3, and 11 (1) ( point of violation of restrictions on interest rates of unregistered credit service providers) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, and the Selection of fines, respectively;

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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