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(영문) 부산지방법원 2015.01.28 2014고정4421
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. If an unregistered credit service provider grants and receives interest exceeding the interest rate, the loan interest rate shall not exceed 30% per annum in accordance with the Interest Limitation Act;

In August 209, the Defendant: (a) lent KRW 100,000 to the victim D; (b) concluded a loan agreement with the content that the victim D would be paid KRW 100,000 after deducting KRW 10,000,000 per annum; (c) received a total of KRW 105.6% interest in violation of the interest rate limit by receiving payment of KRW 100,000 per annum; and (d) received interest in violation of the interest rate limit from March 24, 2012, from that time until March 25, 2012, from that time, from that time to March 24, 2012.

2. Any person who intends to operate a credit business without registration shall file for registration with the competent authority having jurisdiction over the relevant place of business, for each place of business.

From August 2009 to March 24, 2012, the Defendant engaged in credit business without registering the aforementioned “C” with the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of D or E (including attached documents, such as transaction performance table);

1. Application of respective Acts and subordinate statutes of F, G and H;

1. Relevant Article of facts constituting an offense, and Articles 19 (2) 3, 11 (1), 19 (1) 1, and 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, concerning punishment, 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 (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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