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(영문) 창원지방법원 통영지원 2014.01.09 2013고정599
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. A person who intends to operate a unregistered credit business has registered the relevant business office with the competent authority. However, the Defendant loaned KRW 2,00,000,000 to B on January 1, 201 without registering with the competent authority, on condition that the Defendant repaid KRW 40,000 per day to B on 60 occasions, and thereafter, loaned KRW 45,00,000 over 13 times from around that time until February 24, 2012.

2. In a case where an unregistered credit service provider that received interest in excess of the restriction rate rents a loan, the interest rate on the loan cannot exceed 30% per annum. Nevertheless, the Defendant, as stated in paragraph 1, received 40,000 won as the principal and interest per day for 54 days as the unregistered credit service provider, and received interest in excess of the above restriction rate for 13 times in total, as indicated in the attached list of crimes, while lending 2,00,000 won to B as the unregistered credit service provider.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Reports on internal investigation (to hear statements from telephones for reference);

1. Application of Acts and subordinate statutes to the details of automatic cash entry/exponing transactions, copies of the transaction statement of the agricultural cooperative account, basic structure of the number of days, and details of free savings deposit;

1. Article 19 (1) 1, 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, Article 19 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (generally, the occupation of running unregistered credit business), Articles 19 (2) 3 and 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, Article 2 (1) of the Interest Limitation Act (the occupation

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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