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(영문) 수원지방법원 성남지원 2013.12.19 2013고정1648
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. To operate an unregistered credit business, the Mayor/Do Governor shall file for registration;

Nevertheless, the Defendant entered into a loan contract with D on January 2010 in the Gyeong-dong, Gwangju-si, and thereafter loaned KRW 3 million to D on the same day. From around that time to July 2012, the Defendant engaged in credit business without registration over 11 times in total, as shown in attached Table 1, from around that time to around July 2012.

2. On October 18, 2006, the Defendant violated the interest rate of 19.1% by lending a loan contract of 3 million won in the Gyeongan-dong, Gwangju, by one-time means of loaning 39,000 won a total of 3.9 million won per day to 100 days, and then receiving interest of 199.1% per annum from around that time to July 2012, the Defendant violated the interest rate of 18 times in total, as shown in Appendix 2.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective police protocol protocol of statement to E, F, G, H, I, and D

1. Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts (generally, the point of a unregistered credit business), Articles 19 (2) 3 and 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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