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(영문) 서울북부지방법원 2013.05.08 2013고정525

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant

A A shall be punished by a fine of KRW 3 million, and by a fine of KRW 1 million,00,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. A person who intends to engage in Defendant A credit business shall be registered with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor having jurisdiction over the relevant place of business, and the interest rate applicable when an unregistered credit service provider lends a loan shall not exceed 30 percent

Nevertheless, without registering a credit business with the competent authority, the Defendant lent 300,000 won to E from February 11, 2012 to E as prior interest, and received equal repayment of 52,000 won per day after deducting 210,000 won as prior interest, and received interest exceeding the statutory interest rate on 25 occasions from around that time to July 30, 2012, as shown in the attached list of crimes committed in the attached Table, without registering a credit business with the competent authority.

The Defendant, without registering with the competent authorities, engages in credit business, and received interest exceeding 30% of the statutory interest rate.

2. No one, other than Defendant B, may place an advertisement for credit business;

Despite the fact that the Defendant is not a credit service provider registered with the competent authority, the Defendant advertised the credit business by distributing advertising leaflets, stating “D, F, and G,” from the beginning of October 2012 to October 31, 2012, to the shopping district located in the Gangseo-gu Seoul, Dobong-gu, Seoul.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes on police seizure records;

1. Article applicable to criminal facts;

(a) Defendant A: Articles 19 (1) 1, 3 (1), 19 (2) 3, and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereafter referred to as “unregistered Credit Business”);

(b) Defendant B: Articles 19 (1) 3 and 9-2 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users;

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse;