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(영문) 부산지방법원 2013.07.04 2013고정2401
대부업등의등록및금융이용자보호에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The defendant is an unregistered person who runs a credit business.

Any person who intends to run a credit business shall register his/her credit business with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor who has jurisdiction over the relevant place of business, and shall not receive interest exceeding 30 percent per annum when any unregistered credit service provider runs a credit business.

Nevertheless, on December 21, 2010, the Defendant agreed to a loan interest rate of 303% per annum in the case of entering into a loan contract of KRW 4,650,000 with the debtor C at a food room located in Busan Dong-gu, Busan, with no registration of credit business with the competent authorities.

In addition, from around that time to May 7, 2012, the Defendant entered into a loan agreement of KRW 49,225,000 with a total of 22% per annum - the maximum annual interest rate of KRW 451 per annum 49,225,00, as in the attached list of crimes.

Accordingly, the Defendant, as seen above, operated a credit business without registering the credit business to the competent authorities, and received interest in violation of the interest rate limit.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Report on internal investigation and report on internal investigation (verification of details of report on damage);

1. Response to a request for financial transaction information, response to a request for financial transaction information, and application of the immediately preceding account deposited into the Busan bank, and immediately preceding account deposited into the National Bank;

1. Article 19 (1) 1 and Article 3 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, Articles 19 (1) 1 and 3 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Selection of fines;

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 of the Criminal Procedure Act provides for an order of provisional payment.

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