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(영문) 창원지방법원 2012.09.20 2012고정919
옥외광고물등관리법위반등
Text

1. The defendant shall be punished by a fine of five million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

Any person who intends to engage in credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors or Special Self-Governing Province Governors having jurisdiction over the relevant place of business, and any unregistered credit service provider shall not receive interest at an interest rate exceeding 30

Nevertheless, the Defendant, in collusion with B, did not register with the competent authorities on May 201, operated by D in Changwon-si around the end of the same day, provided D with KRW 2,00,000 for a fee of KRW 1,40,000 for a fee of KRW 1,40,000,000 for a fee of KRW 1,40,000,000 for a fee of KRW 1,40,000,000 for a fee of KRW 1,000,000 for a fee of KRW 62,00 for a day, and operated unregistered credit business by means of interest exceeding 30,000 per annum, which is a legal interest rate of

Summary of Evidence

1. Defendant's legal statement;

2. The suspect interrogation protocol of the police as to B;

3. Each police statement concerning D;

4. Application of Acts and subordinate statutes to each of the transaction specifications, loan-related documents, and transaction specifications of AFC.

1. Relevant Article on criminal facts, Articles 19 (1) 1 and 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 30 of the Criminal Act, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 30 of the Criminal Act, and selection of fines;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. The sentencing grounds of Article 334(1) of the Criminal Procedure Act under Article 334(1) of the provisional payment order include: (a) the nature of the unregistered credit service provider’s offense is not somewhat weak; (b) the collection of interest received in excess of the limited interest rate is not substantial; (c) the Defendant has two criminal records of the same kind; and (d) the agreement with the victim. It is so decided as per

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