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(영문) 대전지방법원 2013.07.18 2012고정1570
대부업등의등록및금융이용자보호에관한법률위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

A person who intends to operate a credit business shall file for registration with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do governor, who has jurisdiction over the business, and where an unregistered credit service provider lends a loan, the rate shall not exceed 30% per annum as provided for in the Interest Limitation

Nevertheless, the defendant provided loan funds, and C conspired with the loan proceeds by soliciting the debtor and dividing the proceeds into 5:5, and it is actually to run the credit business.

On October 10, 201, the Defendant offered a loan of KRW 6 million to the victim E in Daejeon-gu, Daejeon-gu, the Defendant set up a Fing Transport Business under the name of E as collateral, loaned KRW 5,700,000,000 after deducting KRW 3,000,000 from the advance interest during the ten-day period, and received 6,000,000 won at the maturity and received interest of KRW 192% exceeding the statutory interest at the maturity, and run an unregistered Credit Business, such as the list of crimes in the attached Table (However, for excess of the interest rate, 3,4,5,000 won per annum of crime list).

Summary of Evidence

1. Entry of each part of the accused in the protocol of the second and third trial;

1. Each legal statement of witness G and C;

1. A protocol concerning the suspect examination of some of the accused;

1. Protocol concerning suspect interrogation of C;

1. Each financial transaction information submitted to the Sti Bank and the Korean National Bank;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to A details of transactions;

1. The facts charged and the facts charged by Article 19(1)1, Article 3(1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (amended by Act No. 10580, Oct. 13, 2010); Article 19(2)3, and Article 11(1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (amended by Act No. 10580, Oct. 13, 2010); Article 19(2)3, and Article 11(1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding the excess of interest rates in the indictment.

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