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(영문) 수원지방법원 2014.01.22 2013고정1296
대부업등의등록및금융이용자보호에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who engages in credit business with the trade name of corporation C in Suwon-si B.

Any person who intends to operate a credit business shall file for registration with the Do Governor having jurisdiction over the relevant place of business by each place of business.

Nevertheless, the Defendant, without registering at the above location from August 2009 to April 2010, lent the total of KRW 19,000,000 to eight persons, such as the debtor D, etc. as shown in the annexed crime list, and operated an unregistered credit business by receiving the refund of the number of days, and the interest rate is not exceeded 30% per annum when the unregistered credit service provider lends a loan, notwithstanding the fact that the interest was paid in violation of the provisions on the restriction of interest rate as shown in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Application of Acts and subordinate statutes, such as name cards, loan account books, number of days, loan certificates, etc.;

1. Article 19(1)1 and Article 3(1)3 of the Act on Registration of Credit Business, etc. and Protection of Finance Users (Amended by Act No. 11544, Dec. 11, 2012) regarding criminal facts; Articles 19(2)3 and 11(1) of the Act on Registration of 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 for negligence

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

1. Articles 70 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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