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(영문) 울산지방법원 2013.05.02 2013고정169
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

1. The defendant does not register his credit business;

A. On October 15, 2010, a loan of KRW 1.5 million is to be made for 45 days each day by delivering a line interest of KRW 1.380,000,000 per day after deducting KRW 1.20,000,000,000,000 to B near Ulsan-gu, Ulsan-gu, Busan-do;

B. On the 23th day of the same month, the amount of 100,000 won was loaned to C in the center and vicinity of the Ulsan-dong, Ulsan-gu, and the amount of 9,50,000 won was paid for 35,000 won per day by providing 30,000 won after deducting 50,000 won with prior interest, thereby receiving interest exceeding the limit stipulated by each of the Interest Limitation Act (30% per annum).

2. On November 14, 2010, the Defendant registered a credit business with the Ulsan Metropolitan City Mayor.

A. On November 19, 2010, a loan of KRW 5 million is made to E from Ulsan-gu, Ulsan-gu, to use KRW 400,000,000 per day for 82 days, after delivery of KRW 4,20,000,000,000 for prior interest and KRW 400,000,000 for five days, deducting KRW 8,000,000 for five days;

B. On December 5, 2010, loans of KRW 1 million to F in front of the Hyundai department stores located in Ulsan-gu, Busan-gu, Busan-do, to F, but the loans of KRW 80,000 per day after deducting KRW 2,30,000 from the total of KRW 1,50,000 per day’s interest, KRW 80,000 per day, and KRW 770,000 per five days’ amount per day are to be repaid for 6

C. On January 10, 2012, a loan of KRW 1,00,00 to H was made from the Gnonodes bank in Ulsan-gu, Ulsan-gu, to receive KRW 80,000 per day by providing the remainder of KRW 7,70,000 after deducting KRW 2,30,000 from the total of KRW 1,50,000 per day of pre-paid interest and KRW 1,50,000 per day, and received interest exceeding 44% per annum in the case of paragraphs (a) and (b) above, and 39% per annum in the case of paragraph (c) above.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Copy of the police statement of E;

1. Response to a request for financial transaction information;

1. A copy of an application for transaction;

1. Details of financial transactions;

1. Copy of registration certificate for credit business;

1. A detailed statement of transactions of automation machinery;

1. A copy of a statement of payment of financial data;

1. Application of Acts and subordinate statutes to each investigation report (the No. 14, 15 of the evidence list);

1. Criminal facts;

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