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(영문) 서울동부지방법원 2014.08.22 2014고정1105

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Although a person who intends to engage in credit business must register with the competent administrative agency having jurisdiction over the pertinent place of business, the Defendant, without registering with the competent administrative agency on September 3, 2013, operated unregistered credit business from April 5, 2013 to February 24, 2014, including lending KRW 1.6 million to the victim C at the Defendant’s home located in Gangdong-gu Seoul Metropolitan Government.

2. Despite the fact that the unregistered credit service provider is not allowed to receive interest exceeding 30% per annum, the Defendant violated the interest rate limitation on three occasions, such as the entry in the list of crimes in the attached Form, such as lending KRW 1.6 million to the victim C at the place under the preceding paragraph on September 3, 2013, and receiving 40,000 per annum 510.2% per annum for 59 days.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Application of each interest rate calculation sheet, details of financial transactions, details of repayment of principal and interest for each victim prepared to statutes;

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