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(영문) 서울북부지방법원 2014.10.31 2014고정1821
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

A person who intends to engage in credit business shall register with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor or a Special Self-Governing Province Governor, and where an unregistered credit service provider lends a loan, the interest rate shall not exceed 4

The Defendant did not register a credit business with the competent authority on April 1, 2010, and agreed on the monthly interest rate of 6 percent from the above date to the ccafeteria located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu to enter into a loan agreement with D and 6 million won on April 1, 2010.

5. From the date of August 18, 200, a loan agreement of 2,410,000 won was concluded between 60% to 72% of the annual interest rate per annum and 14% of the total amount as indicated in the annexed list of crimes, and 2,410,000 won was concluded, thereby running the unregistered credit business and violating the restriction on the annual interest rate of 40%

Summary of Evidence

1. An interrogation protocol of the police against the accused (including the substitute part);

1. Statement by the prosecution concerning D;

1. A statement of transactions and a statement of transactions;

1. Application of Acts and subordinate statutes after reporting on closure of credit business and loan brokerage;

1. Article 19(1)1 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and Article 19(1)1 and Article 3 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (generally, the point of unregistered credit business), Articles 19(2)3 and 11(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 2(1) of the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 201); 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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