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(영문) 의정부지방법원 고양지원 2013.06.27 2013고정691
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 shall register with the Do Governor, etc. having jurisdiction over the relevant place of business;

Nevertheless, the Defendant, without registering a credit business, engaged in the credit business against about four loan transaction partners from around November 201 to March 2012.

2. The maximum interest rate under the contract for lending and borrowing money of an unregistered credit service provider shall not exceed 30 percent per annum;

Nevertheless, around November 2, 2011, the Defendant lent 2.7 million won to C (46 years of age, women) in Gangnam-gu Seoul, Seoul, and violated the interest rate limit by receiving 300,000 won (182% of the interest rate per annum), including the principal and interest for the 11 week period.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Relevant Article 19 (1) 1 and Article 3 (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 each fine;

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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