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(영문) 부산지방법원 2016.09.30 2016고정2764
대부업등의등록및금융이용자보호에관한법률위반
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. Any person who intends to operate an occupation loan business without registration shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province branch having jurisdiction over the relevant place of business;

Nevertheless, on October 1, 2014, the Defendant, without registering a loan business with the competent authorities, lent KRW 5 million to B at a coffee shop where the trade name located in Busan is unknown, and run a loan business by lending money to three persons, such as B, etc. from around that time to May 28, 2015.

2. The fact that the court receives money in excess of the autonomy is a unregistered credit service provider, and where the defendant grants a loan to an individual without being registered, the maximum interest rate under the contract for lending and borrowing of money shall not exceed 25% per annum pursuant to the Act on Interest Limitation.

Nevertheless, the Defendant violated the interest rate limit by deducting interest equivalent to 60% per annum from the interest on the preferred interest while running the unregistered loan business as set forth in the above 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against B, C, and D;

1. Each complaint;

1. Details of each financial transaction and a statement of transactions by each account;

1. Application of Acts and subordinate statutes governing recording records;

1. Article 19(1)1 and Article 3 of the Act on the Protection of Financial Users (amended by Act No. 13445, Jul. 24, 2015; hereinafter the same shall apply), registration of loan businesses, etc. and registration of each old loan business, etc., and Articles 19(2)3 and 11(1) (a) of the Act on the Protection of Financial Users, each of which constitutes a crime; hereinafter the same shall apply)

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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