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(영문) 수원지방법원 2013.05.16 2012고정2611

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who has been engaged in credit business in a single time without registering credit business. B and C are the employees of credit business operated by the defendant, and they have been engaged in activities such as soliciting loans, consulting, receiving fees, and distributing name cards.

Where an unregistered credit service provider lends a loan, the interest rate shall not exceed 30% per annum.

Nevertheless, in collusion with B and C, the Defendant:

1. Along on May 3, 2012, from Suwon-si, Suwon-si lending KRW 3 million to the victim E and receiving interest equivalent to KRW 254.6% per annum on the condition that 50,000 per day is repaid for 78 days;

2. Around May 11, 2012, the Sinwon-si lent KRW 1 million to the victim G from the Sinwon-si, and received interest equivalent to KRW 375.3% per annum on the condition that the victim G be repaid KRW 30,000 per day for 44 days and violated the interest rate limitation provisions.

Summary of Evidence

1. Each police interrogation protocol of the accused, B, and C;

1. Investigation report (general) - Confirmation of the fact of damage;

1. Current status of customer management and leaflet copies;

1. Application of Acts and subordinate statutes of one copy of the indictment (in the face of 78 pages of investigation records);

1. Article 19 (2) 3 and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users for Crimes and Selection of Punishments, Articles 30 of the Criminal Act;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.