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(영문) 서울중앙지방법원 2016.11.23 2016고정3256

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 or loan brokerage business shall register the relevant place of business at each business office with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan City Mayor, Do Governor or Special Self-Governing Province Governor, and shall not receive interest exceeding the interest rate under Article 2 (1) of the Interest Limitation Act if any unregistered credit service provider makes a loan.

Nevertheless, on May 26, 201, the Defendant, without registering a credit business, lent KRW 15 million to E at the office of “D” company located in Seocho-gu Seoul Metropolitan Government, No. 4, the Defendant loaned KRW 15 million to E, and from the first month, 4% per month in the first month, and from the second month, 3% interest per month in the second month (40% per annum) and received a total of KRW 1.65 million from June 27, 201 to August 29, 201 in the same manner, including that he/she received a total of KRW 1.65 million from the time to February 19, 2014, by borrowing KRW 60,000 in total three times, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of each detailed Act and subordinate statutes;

1. Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts and Article 19 (1) 1, Article 3 (1) of the Act on the 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 (the point of exceeding the interest rate, the choice 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;