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(영문) 대전지방법원 2018.06.29 2018고정259
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

Punishment of the crime

1. A person who intends to run a loan business without registration or a loan brokerage business shall register with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Do Governor, or a Special Self-Governing Province branch having jurisdiction over the relevant place of business;

Nevertheless, the Defendant did not register the lending business with the competent authorities, from February 15, 2017 to April 5, 2017, run a loan business without registration, such as lending money on four occasions as shown in the list of crimes in attached Form B, from the car page where the trade name in the Jung-gu, Daejeon-gu, Daejeon-gu cannot be known between them.

2. Where a credit service provider without any registration violating the interest rate limitation makes a loan, the interest rate shall not exceed 25 percent per annum;

Nevertheless, on February 15, 2017, the Defendant loaned 6.90,00 won from the down payment to the said B at the said place after deducting 3.1 million won from the advance interest and title 3.1 million won, and the Defendant was paid interest at the rate of 1208.3% per annum exceeding the statutory maximum interest rate for 44 days, such as payment of interest at the rate of 30,000 won per annum for 1208.3% per annum, from that time until April 5, 2017.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Details of deposits, such as interest, a statement of transaction of a new bank passbook in the name of the person who has made a statement, a statement of transaction of the passbook in the name of the person who has made a statement, a copy of each process document,

1. Application of Acts and subordinate statutes to the investigation report (related to calculating the annual interest rate);

1. Article 19 (1) 1, Article 3 (1) (the point of operating a loan business without registration, the selection of fines), Article 19 (2) 3, and Article 11 (1) (the selection of fines, including the point of exceeding interest rates, including the point of operating a loan business without registration), Article 19 (1) 3, and Article 11 (1) of the Act on the Protection of Financial Users, for criminal facts;

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 of the Criminal Act to attract a workhouse.

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