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(영문) 인천지방법원 부천지원 2014.10.21 2014고단304
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for ten months and by a fine of forty million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

A person who intends to engage in credit business shall register with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan City Mayor or a Special Self-Governing Province Governor having jurisdiction over the relevant place of business, and if an unregistered credit service provider lends a loan, the loan shall not exceed 30 percent per annum

Nevertheless, the Defendant, upon recruitment of clients who need a certificate of high-amount balance through Internet advertisement, etc., provided funds to the Defendant. On May 13, 2010, the Defendant, without registering credit business, lent KRW 100 million to H from the same name book of Jung-gu Seoul Metropolitan Government on May 13, 2010, and received interest of KRW 73% per annum from May 13, 2010 to September 11, 2013, by lending KRW 19,957,125,791 in total to the clients as shown in the annexed crime list, and received interest equivalent to KRW 35% to 246.6%.

As such, the Defendant engaged in credit business without registering the credit business to the Mayor of Seoul Special Metropolitan City or the head of Seoul Central District Office, and received excess interest.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness G;

1. Each prosecutor's protocol of examination of the accused;

1. Each prosecutor's interrogation protocol concerning F;

1. Each prosecutor's statement concerning G, I, J, K, and L;

1. Written Statement;

1. Each investigation report (including attached documents) and each investigation report (including attached documents);

1. Application of statutes on financial transaction information;

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 (hereafter referred to as "non-registered credit business" in this Article), Article 19 (2) 3, and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereafter referred to as "payment of interest exceeding the interest rate" in this Article);

1. Registration of credit business, etc. and finance users shall be concurrently sentenced to imprisonment with prison labor and a fine, respectively;

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