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(영문) 수원지방법원 안산지원 2013.09.25 2013고정1133

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to run a credit business or a loan brokerage business without registration shall file for registration with the competent authority having jurisdiction over the relevant place of business;

Nevertheless, on January 2013, the Defendant established an office in the Defendant’s residence located in Guro-gu Seoul Metropolitan Government C201, and operated credit business without registration with the competent authority, such as lending D around February 22, 2013, and 2 million won to E around March 6, 2013, respectively.

2.The interest rate applicable to a loan made by an unregistered credit service provider over the interest rate shall not exceed 30 per annum as provided for in the Interest Limitation Act.

The Defendant, around February 22, 2013, lent KRW 2 million to D in front of the street of bank trees located in Geumcheon-gu Seoul Metropolitan Government, and deducted KRW 40,000 as a fee on the same day, and delivered KRW 1.60,000 per day on condition that the principal and interest shall be repaid for 80 days each day, and received interest at 189.4% per annum in accordance with the above condition.

B. The Defendant, around March 6, 2013, lent KRW 2 million to E in the neighboring street of the F apartment in Gwangju-si, deducted KRW 40,000 as a fee on the same day, and delivered KRW 19,60,000 per day on condition that the principal and interest shall be repaid for KRW 30,000 per day, and received interest at 189.4% per annum under the above conditions.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (verification of the fact of damage and calculation of the interest rate);

1. Notification of detection of a person who violates credit business;

1. Application of Acts and subordinate statutes to each copy of loan application;

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;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. The Criminal Act for the detention of a workhouse;