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(영문) 부산지방법원 2013.04.10 2013고정681

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

Defendant

A is an entity that engages in credit business by unregistered registration.

Any person who intends to run an unregistered credit business shall file for registration with the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor having jurisdiction over the relevant place of business.

Nevertheless, around August 2012, the Defendant run unregistered credit business such as lending 225.7% interest per annum on the condition that 30,000,000 won will be paid every day to B, who is in the Ministry of Government Administration and Home Affairs, at a non-permanent location of Busan Dong-gu (hereinafter referred to as the "UB") and lending 1.5 million won each in the same way to C and D.

(b) No one, other than credit service providers, who are not yet registered credit service providers, may advertise for credit business;

Nevertheless, at around 16:05 on September 26, 2012, the Defendant advertised the credit business by means of spreading off the E-to-mail leaflet from the street in front of the 1-dong Franchising community credit cooperatives, Seo-gu, Busan, to the street.

(c) In the event that an unregistered credit service provider, in excess of the interest rate, is unable to receive interest exceeding 30% per annum, which is a limitation under the Interest Limitation Act, if the unregistered credit service provider provides a loan, 30,000 won per annum shall be given 60,000 won per annum on the condition that 1,50,000 won per annum shall be paid 30,000 won per annum, such as “A”, and in the same manner, 25.7% interest per annum shall be paid on the loan to C and D, and in the same manner

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. Investigation report ( Concerning unregistered credit business);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. An advertisement for a credit business under Article 19 (1) 1 and Article 3 of the Act on Registration of Credit Business, etc. and Protection of Finance Users regarding facts constituting an offense, and Article 19 (1) 3 of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Articles 19 (1) 3 and 9-2 (1) of the Act on Protection of Finance Users;