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(영문) 울산지방법원 2012.10.10 2012고정1022

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a unregistered credit service company in Ulsan mid-gu Birel 604, and C, D, and E are employees of a unregistered credit service company operated by the defendant.

1. On February 201, the Defendant, without registering with the competent authorities, lent KRW 3 million to F as offices of Ulsan-gu Bel 604, Ulsan-gu, Ulsan-gu, and loaned KRW 2.790,000,000 to F as commission fees, and loaned KRW 2.79,000 per day after lending KRW 60,000 per day to 60,000,000,000 per day (annual 225.69% per annum). From that time, the Defendant engaged in credit business by providing a total of 23 times in the same manner as indicated in the list of crimes in the attached Table from December 20, 2011.

2. From August 201, to February 2012, the Defendant advertised regarding credit business by having C, D, and E, an employee, enter, and spread the lutobed leaflets against the discharge from Seoul Metropolitan City.

Accordingly, the Defendant advertised credit business in collusion with C, D, and E even though it is not a registered credit service provider.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of E, D, or C;

1. Application of the police protocol of statement to F;

1. Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and Article 19 (1) 1, Article 3 (1) (the occupation of unregistered credit business), Article 19 (1) 3, Article 9-2 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (the occupation of advertisements for unregistered credit business), and the 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;