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(영문) 서울남부지방법원 2016.08.10 2016고정1169

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

On April 21, 2015, the Defendant lent KRW 13,000,000 to D on the condition that D shall pay KRW 700,000 each time in 23 times without registering the loan business at C points operated by the Defendant in Seoul Special Metropolitan City, Gwanak-gu.

2. If a credit service provider that has not been registered as a credit service provider and that a court exceeds its autonomy makes a loan, its annual autonomy shall not exceed 34.9%;

Defendant 1 loaned money to D at the same time and at the same place as the above “1.1. paragraph” with the annual interest rate exceeding 34.9% per annum.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with D;

1. Investigation report (report on calculation of interest rates);

1. Application of Acts and subordinate statutes to a copy of loan certificate;

1. Article 19(1)1 and Article 3(1) of the Act on the Registration of Preliminary Loan Business, etc. and Protection of Financial Users concerning criminal facts; Article 19(2)3 and Article 8(1) of the former Act on the Registration of Loan Business, etc. and Protection of Financial Users (Amended by Act No. 14072, Mar. 3, 2016); and each of the options of fines

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(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;