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(영문) 인천지방법원 2012.12.04 2012고정2821

대부업등의등록및금융이용자보호에관한법률위반

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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. Any person who intends to operate a unregistered credit business shall file for registration with the competent authority having jurisdiction over the relevant place of business by each place of business;

Nevertheless, on March 12, 2012, the Defendant, at the office of Seo-gu Incheon, Seo-gu, Incheon Metropolitan City C&A, did not register with the competent authorities, and did not lease KRW 2 million to D and would receive interest of KRW 40,000 per month, thereby running a unregistered credit business.

In addition, the Defendant provided loans to three persons from March 12, 2012 to April 25, 2012, as indicated in the list of crimes, and operated credit business without registering the credit business.

2. Where an unregistered credit service provider and registered credit service provider grant a loan, the interest rate applicable thereto shall not exceed 30/100 per annum.

Nevertheless, the Defendant loaned a loan to E as referred to in the preceding paragraph to the extent that the interest rate exceeds 30% above the above 30%.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of E, F, and D;

1. Investigation report (verification as to whether a suspect has registered credit business);

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

1. Article 19 (1) 1, Article 3 (1), Article 19 (2) 3, and Article 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning facts constituting an offense and the Registration of Punishment, etc., and Protection of Finance Users;

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;