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(영문) 창원지방법원 진주지원 2015.01.21 2014고정263

대부업등의등록및금융이용자보호에관한법률위반

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

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 or loan brokerage business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor having jurisdiction over the place of business, and when unregistered credit service providers lend a loan, the

Nevertheless, on June 12, 2012, the Defendant agreed to lend KRW 5 million to E without being registered with the competent authority at the D convenience store operated by him in Jinju-si, and agreed to pay interest of KRW 7,000,000 on every month and offered a loan of KRW 4,30,000,000 to E.

Accordingly, the Defendant received interest of 97.67% per annum exceeding 30% per annum and operated unregistered credit business.

Summary of Evidence

1. Legal statement of witness E;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the details of transactions, cash storage certificates, notarial deeds, the detailed statement of transactions of self-reliance deposits, each borrowing certificate and each proxy copy, and the copy of passbook;

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

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;