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(영문) 춘천지방법원 원주지원 2012.11.23 2012고정547

대부업등의등록및금융이용자보호에관한법률위반

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On April 20, 2012, the Defendant loaned KRW 6,300,000 to D without being registered with the Governor of Gangwon-do from the clothing sales store “C” located in “C” located in “C” in “Gu Won-si,” and received payment of interest at the interest rate of 346.17% per annum on a 83-day basis after being repaid KRW 110,000 per annum.

2. On April 23, 2012, the Defendant loaned KRW 950,00 to G without registering with the Governor of Gangwon-do at the F Hospital parking lot located in Seoul Special Self-Governing Province, and received payment of interest at the interest rate of 538.86% per annum for 43 days on a daily basis.

Accordingly, the Defendant, while running a credit business without registration, received interest exceeding the limited interest rate under the Interest Limitation Act while running a credit business without registration.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Application of the Act and subordinate statutes to know the result of fact-finding inquiry.

1. Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Unregistered Credit Business and Selection of Fines). Articles 19 (2) 3 and 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, and Article 2 (1) of the Interest Limitation Act (Selection of a fine in excess of limited interest, etc.);

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;