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(영문) 서울중앙지방법원 2014.07.17 2014고정2971
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates an unregistered loan company without a trade name in Sung-nam-si, Dang-gu, 302 (CBD).

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

Nevertheless, the Defendant did not register with the competent authority on March 8, 2013, at the office of the company "E company" located in Jungcheon-si (hereinafter "E company") and delivered 2,40,000 won after deducting 30,000 won from 30,000 won from 60,000 won per day, and agreed to receive a total of 3,30,000 won per 55,00 won per day (41% per annum), and received principal and interest pursuant to the above agreement from 28 persons from 16 January 22, 2013 to 22 of the same year, and was paid interest exceeding the limited interest rate by lending 41 times total of 28 persons from 41,00 won.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to each investigation report (related to the attachment of details of transactions by passbook), investigation report (related to the calculation of the number of days), investigation report (related to attachment of a loan contract, etc.);

1. Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, Article 19 (1) 1 of the Act on the Registration of Unregistered Credit Business, etc. and Protection of Finance Users, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Selection of fines;

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

1. Articles 70 (1) 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;

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