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(영문) 광주지방법원 순천지원 2015.02.04 2014고정738

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Any person who intends to engage in credit business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business, and the interest rate applicable when an unregistered credit service provider provides a loan shall not exceed 30 percent per annum.

Nevertheless, the Defendant, on October 11, 201, lent 2.5 million won to C without registering the credit business, without registering the credit business, received interest at the interest rate of 120% per annum in violation of the above restriction interest rate, with interest of KRW 2.5 million per annum and KRW 250,000 per annum.

In addition, the Defendant, from around that time to December 22, 2013, operated a credit business without registering 45 times as shown in the annexed crime list, and received interest exceeding the limited interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Application of Acts and subordinate statutes, such as specifications of transactions and specifications of transactions;

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, Articles 19 (1) 1 and 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;

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;