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(영문) 부산지방법원 2014.06.27 2014고정1115
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to run a credit business, occupying unregistered credit business and advertising for credit business, shall file for registration with the competent administrative agency for each place of business, and shall not place an advertisement for credit business, other than credit service providers or credit financial institutions;

Nevertheless, the Defendant did not register with the competent authority, from the end of October 2013 to the end of November 18, 2013, and carried on credit business, such as making an advertisement as to the credit business, and lending one million won to B who made contact with the said name, and receiving interest at an annual rate of 400%.

2. Around November 18, 2013, the Defendant violated the interest rate limitation: (a) lent KRW 1 million to B; (b) paid KRW 900,000,000 to KRW 1 million; and (c) received 400% interest per annum exceeding 30% of the limited interest rate, including interest and principal, after one month; and (d) received interest at KRW 1.2 million per annum.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes to name loan advertisements used by suspects for their business;

1. Article 19 (1) 1, Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, Article 19 (1) 3, and Article 9-2 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (1) 3 and 9-2 (1) of the Act on 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 (1) of the Criminal Procedure Act of the provisional payment order;

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