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(영문) 수원지방법원 안산지원 2014.10.22 2014고정1016
대부업등의등록및금융이용자보호에관한법률위반
Text

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

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

Reasons

Punishment of the crime

1. On December 20, 2012, the Defendant violated the interest rate limitation: (a) as a unregistered credit service provider, a loan of KRW 1 million to C around December 20, 2012, the Defendant actually loaned KRW 980,000 after deducting KRW 20,000,000 from the advance payment fee; and (b) agreed to pay KRW 120,000 for ten times once every ten days, and (c) paid interest exceeding the statutory interest rate of KRW 151.9% by receiving KRW 220,000 as interest per 100 days; and (d) received interest from 36 persons, as shown in the attached list of crimes.

2. The Defendant, without registration, provided a loan to 36 persons, including C, without registering the credit business with the competent administrative agency, and operated the unregistered credit business.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on internal investigation and investigation report (with respect to calculation of the interest rate on loans, calculation of the interest rate on loans, and preparation of a list of crimes);

1. Provision and reply of Acts and subordinate statutes concerning financial transaction information;

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

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

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

1. A provisional payment order: Article 334 (1) of the Criminal Procedure Act;

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