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(영문) 서울북부지방법원 2019.07.18 2019고정47
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

1. Any person who intends to operate a credit business without registration shall register with the administrative agency having jurisdiction over the relevant place of business, by each place of business;

The Defendant, without registering with the competent authority on March 15, 201, lent KRW 5,00,000 to B, and delivered KRW 4,700,000 after deducting KRW 300,000 from the prior interest, and thereafter, operated credit business by lending KRW 68,515,000 in total over 18 times from around that time to September 28, 2012, as shown in the List of Crimes (1) in attached Table (1).

2. Where an unregistered credit service provider makes a loan to the unregistered credit service provider that receives interest exceeding the interest rate, the interest rate shall not exceed the maximum interest rate under the Interest Limitation Act;

In lending KRW 5,00,00 to B around September 28, 2012, the Defendant agreed to pay 250,000 per ten days interest and received interest at KRW 182% per annum for each ten days. From around that time to February 19, 2014, the Defendant received interest at least 136% per annum, which exceeds the statutory interest rate, such as the No. 16, 17, and 18, from around that time to February 19, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. He shall file a complaint, and report on the investigation (a supplementary statement to file a complaint) in B;

1. Investigation report (Hearing of statements C);

1. Details of passbook transactions (suspect A);

1. Application of the details of loan repayment (suspects) Acts and subordinate statutes;

1. Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts, Article 19 (1) 1 of the Act on the Registration of Unregistered Credit Business, etc. and Protection of Finance Users (including the occupation of running the unregistered credit business), Articles 19 (2) 3 and 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (including the occupation of receiving interest exceeding the interest rate,

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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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