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(영문) 서울중앙지방법원 2013.07.26 2013고정2303
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 shall be paid.

Reasons

Punishment of the crime

1. A person who intends to engage in credit business violating the Act on Registration of Credit Business, etc. and Protection of Finance Users by Unregistered Credit Business, shall register the relevant place of business with the competent authority for each place of business, but the defendant, without registering the credit business, lent 5,40,000 won to B on or around March 7, 2012 at the coffee shop near Samsung-dong, Gangnam-gu, Seoul, for a total of KRW 8,200,000 per day to the debtor for 90,000 won, from that time to that time, without registering the credit business

7. From the 17th day to the 17th day, the credit business was operated without registration over a total of six times as shown in the annexed sheet of crime.

2. In the event that an unregistered credit service provider, in violation of the Act on Registration of Credit Business, etc. and Protection of Finance Users following the receipt of interest in excess of the interest rate, makes a loan, interest shall not be paid in excess of 30/100 per annum. However, the Defendant, at the above date, at the above place, loans 5.4 million won to the obligor B on the condition that 8.2 million won per annum shall be repaid (1/151.1/100 per annum) for 90,000 won per annum, from

6. A delivery was received at least 6,160,000 won over 11 times until 14.

The defendant from that time to that time in the above manner

7. From the time of July, 17, the unregistered credit service provider received interest at an interest rate exceeding 30/100 per annum, as shown in the annexed sheet of crime.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning B;

1. Investigation report (the details of transactions attached to passbooks and current status loaned to B by the debtor);

1. Application of Acts and subordinate statutes on details of passbook transactions used by debtors B;

1. Article 19(1)1 and Article 3(1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (amended by Act No. 11544, Dec. 11, 2012) regarding criminal facts and the registration of credit business, etc. and protection of finance users.

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