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(영문) 창원지방법원 마산지원 2013.11.28 2013고정740

대부업등의등록및금융이용자보호에관한법률위반

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

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

Reasons

Punishment of the crime

The Defendant is the credit service provider.

1. Any person who intends to operate a credit business shall file for registration with the Mayor/Do Governor;

Nevertheless, the Defendant, on June 5, 2013, lent KRW 1 million to the victim B who called the victim B by reporting the name "number of days loans" distributed by the Defendant in Changwon-si around 44 days a day, subject to redemption of KRW 30,000 per day, and the same year.

7. 23. In the same manner, the victim C lent KRW 1.5 million per day to the victim C, subject to redemption by a 60-day day, without being registered.

2. No unregistered credit service provider shall receive interest exceeding the interest limit;

Nevertheless, the Defendant, like the preceding paragraph, loaned KRW 1.5 million per day to the victim B and received interest equivalent to KRW 225.7% per annum on condition that 30,000 per day shall be repaid to the victim B, and the Defendant loaned KRW 1.5 million per annum to the victim C and received interest exceeding KRW 475.3% per annum on condition that 30,000 won shall be repaid to the victim C and received interest exceeding 30% per annum.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a copy of loan certificate;

1. Relevant Article of facts constituting an offense, Article 19 (1) 1, Article 3 of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (2) 3, 19 (2) 3, and 11 (1) of the Act on the 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 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;