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(영문) 의정부지방법원 고양지원 2013.11.01 2013고정532
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

1. Any person who intends to operate a credit business that operates an unregistered credit service company shall register the relevant place of business of each business with the competent authority;

On April 2012, the Defendant, while running a credit business on the condition of the number of months, did not register it with the credit business, and operated the credit business.

2. Where an unregistered credit service provider lends a loan in excess of the interest rate, the maximum interest rate under the contract for a loan for cash consumption shall not exceed 30 percent per annum.

On April 22, 2012, the Defendant loaned KRW 3 million to the applicant D in front of the C Apartment 209 Dong, Mapo-si, Si, Mapo-si, and deducted KRW 50,000 as a fee, and loaned KRW 280,000 as a condition to repay 280,000 won for three months each seven days and exceeded the statutory interest rate of 30% per annum.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes on investigation reports;

1. Relevant Article 19 (1) 1 and Article 3 (1) 1 of the Act on Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts, Article 19 (2) 3 and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and 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 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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