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(영문) 의정부지방법원 2013.04.04 2013고정177
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Any person who intends to operate a unregistered credit business shall file for registration with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor, having jurisdiction over the relevant place of business;

Nevertheless, the Defendant, at around July 7, 2010, operated a credit business without registering with the competent Mayor/Do Governor from around 2006 to May 2012, 201, the mobile telephone agency operated by the Government of the Gyeonggi-si to receive interest of KRW 24,000 per day from the mobile telephone agency operated by B, and loaned KRW 2,00,000 to B.

2. Where a credit service provider, which has not received any excess interest, lends a loan to an individual, it shall not collect interest exceeding the interest rate of 30% per annum;

Nevertheless, around July 7, 2010, the Defendant loaned KRW 2,00,000 to B while running a non-registered credit business as above, and around that time, received interest exceeding the annual interest rate of KRW 24,000 per annum by receiving the interest rate of KRW 30% per annum, which corresponds to the rate of KRW 136.2% per annum.

In addition, the Defendant loaned a total of 24 times of money to B as shown in the attached list of crimes, and received interest exceeding the interest rate of 30% per annum from around that time.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. Application of Acts and subordinate statutes to certified copies;

1. Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, Article 19 (2) 3, and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 2 (1) of the Interest Limitation Act, and Article 2 (1) of the Act on the Protection of Finance Users, each 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;

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