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(영문) 서울중앙지방법원 2012.10.31 2012고정4466

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. The Defendant, without registering a credit business with the competent authority on January 17, 2012, offered a loan of 1 million won to B at an infinite place Seoul (hereinafter referred to as “Seoul”) and agreed to receive 30,000 won for 44 days each day after deducting 100,000 won from the principal and interest as a prior interest. From December 30, 2011 to April 2012, 201, the Defendant, as indicated in the list of crimes in the separate sheet, provided that all 19 persons were granted a loan of 36,650,000 won over 21 times and agreed to receive interest.

2. The Defendant, around January 17, 2012, loaned KRW 100,00 to B at an infinite place Seoul, and agreed to receive KRW 34,00,000 per day after deducting KRW 100,000 as a prior interest, and deducting KRW 30,000 per day the principal and interest. Accordingly, the Defendant received KRW 370.5% per annum from B every day and received interest from KRW 30,000 per annum from December 30, 201 to April 2012, at the same place as shown in the list of crimes in the attached Table, and received interest exceeding 30% per annum, which is a statutory interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning B;

1. Application of Acts and subordinate statutes in relation to a report on investigation (Attachment to a transaction statement) and a report on investigation (calculated interest rate);

1. Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning facts constituting an offense, and 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 the 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;