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(영문) 대전지방법원 천안지원 2013.12.19 2013고단1275
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Any person who intends to engage in credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province Governor.

Nevertheless, on September 2, 201, the Defendant agreed to borrow KRW 45,000,000 from the Nonghyup-dong, Seocheon-gu, Seocheon-gu, Seocheon-gu to receive interest of KRW 2.5% per month, while lending KRW 45,00,00 to the Defendant, and agreed to receive interest of KRW 2.5% per month from June 13, 2008 to September 30, 201, such as the list of crimes in the attached list of crimes.

Accordingly, the defendant operated credit business without registering it with the competent authorities.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement of each police statement concerning B and C;

1. Application of Acts and subordinate statutes to each receipt, details of transactions, details of savings deposit transactions, lists of passbook transactions, copies of passbook transactions, details of transactions, and investigative reporting;

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

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

1. The defendant's assertion of Article 334 (1) of the Criminal Procedure Act regarding the provisional payment order against the defendant is asserted that the defendant's act is denied since the defendant's act does not fall under ② ② brokerage commission and ④ certain interest rate at a certain place equipped with advertisement or introduction. The defendant's act does not fall under ② ③ and thus, it is argued that the charge is denied.

The main sentence of Article 2 subparagraph 1 of the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”) shall either engage in a business of lending money (including granting money by discounting notes, transferring security, or by any other means similar thereto; hereinafter “loan”) or in accordance with Article 3.

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