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(영문) 부산지방법원 2013.09.12 2013고정2385
대부업등의등록및금융이용자보호에관한법률위반
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On February 19, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Busan District Court on February 19, 201 and the said judgment became final and conclusive on June 15, 2013.

1. Any person who intends to run a credit business or a credit brokerage business without registration shall register the business with the competent authority having jurisdiction over the relevant place of business, by each place of business;

From the end of May 201 to the end of November 2011, the Defendant engaged in a credit business without registering a credit business to the competent authority, by lending money to many and unspecified persons, such as Suwon-gu in Busan and the Busan Shipping Daegu, and C, and receiving interest.

2. Where an unregistered credit service provider in violation of the Interest Rate Limitation gives a loan, it shall not exceed 30% per annum, which is the maximum interest rate under the Loan Agreement as provided for in the Interest Limitation Act.

On May 201, the Defendant agreed to collect the interest rate of 133% per annum exceeding the limited interest rate and violated the limitation on the interest rate by holding C’s car as a collateral and lending 10 million won as a prior interest. The Defendant agreed to collect the interest rate of 133% per annum exceeding the limited interest rate, and agreed to receive the interest rate of 133% per annum.

B. On November 201, in collusion with E, the Defendant violated the limitation on the interest rate by promising to receive interest rate of 70.5% per annum exceeding the limited interest rate, on the ground that C’s car as security and lending KRW 10 million with prior interest at the coffee shop located in Busan Shipping Daegu F, and deducting KRW 1.5 million from prior interest.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding E;

1. Statement of the police statement regarding C;

1. Investigative reports (in calculating interest rates, formula);

1. Previous conviction: Case search and application of Acts and subordinate statutes;

1. Registration of relevant Article of facts constituting an offense and of credit business, etc. in the choice of punishment;

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