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(영문) 수원지방법원 2014.04.23 2014고정285
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.

Reasons

Punishment of the crime

1. Any person who runs a credit business in violation of the Registration of Credit Business, etc. and Protection of Financial Users Act shall register his/her business with the competent administrative agency having jurisdiction over the relevant business office;

Nevertheless, on January 2013, the Defendant was running a credit business without being registered as a police officer in the middle of 2013, through the Internet car page.

2. Where a credit service provider, etc. unregistered in violation of the Registration of Credit Business, etc. and Protection of Financial Users Act, lends a loan, the annual interest rate shall not exceed 30% per annum;

Nevertheless, on January 17, 2013, the Defendant loaned a three million won loan to the victim D from Suwon-si, Suwon-si, to the victim D, under the condition that 600,000 won should be deducted from the prior interest and the interest rate of 60,000,000 won shall be paid on a monthly basis (the annual interest rate of 240%) and received interest exceeding the statutory interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to loan data and investigation reports (account tracking report);

1. Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts and Article 19 (1) 1, Article 3 (1) of the Act on the Protection of Finance Users, Article 19 (2) 3, and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (the point of violating the Interest Rate Limitation, the Selection of Fines);

1. Of concurrent crimes, the former part of Articles 37, 38 (1) 2, and 50 of the Criminal Act (an aggravated punishment for concurrent crimes against violation of the Act on Registration of Credit Business, etc. due to Unregistered Credit Business and Protection of Financial Users)

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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