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(영문) 부산지방법원 2014.09.19 2014고정2194

대부업등의등록및금융이용자보호에관한법률위반

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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to operate an unregistered credit business shall file for registration with the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do governor having jurisdiction over the relevant business office by business office; and

Nevertheless, the Defendant, without registering with the competent authorities on July 31, 2012, lent KRW 200,000,000 to E on the condition that he/she would receive KRW 200,000 as interest per ten days within the “D” located in Seo-gu Busan, Seo-gu, Busan, and the same year.

8. On the condition that 100,000 won as interest shall be repaid to E on a 10-day basis on the 10-day basis of the first 10-day 10-day interest, a person engaged in credit business.

2. No unregistered credit service provider may receive or deliver interest exceeding 30/100 (2.5/100 per month) of the interest rate prescribed by the Presidential Decree.

Nevertheless, the Defendant borrowed a total of KRW 3 million to E at the date, time, place, as described in the foregoing Paragraph 1 above, and received interest at an annual interest rate of KRW 360,000 per annum (30% per annum) over five times with an interest rate of KRW 1.2 million (6 times X X 200,000) and KRW 5,000 (5 times X 100,000) over six times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 19 (1) 1, 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, Article 3 (1) 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 (1) of the Criminal Procedure Act of the provisional payment order;