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(영문) 창원지방법원 진주지원 2014.01.07 2013고단1239
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 60,000 won.

Reasons

Punishment of the crime

Any person who intends to engage in credit business shall register 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, and may not collect interest from any unregistered credit service provider in excess of 30 percent per annum, and may not advertise credit business, other than credit service providers.

1. On August 7, 2013, the Defendant loaned KRW 2,00,00 to C at Pyeongdongj, and received payment of KRW 40,000 per day on a 65-day basis, and received interest at an annual interest rate exceeding 30% per annum of 304.9% per annum, which is the statutory interest rate, on a 65-day basis, and provided four times as indicated in the attached list of crimes, and operated a non-registered credit business with interest exceeding the statutory interest rate.

2. From the beginning of July 2013 to August 30, 2013, the Defendant advertised regarding credit business by distributing more than 3,00 mar-type advertisements containing the phrase “number of days & month 50% SALD” against many and unspecified persons, such as members of the Seocho-si Seoul Special Metropolitan City and members of the commercial buildings, stores, and housing units in the Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution;

1. E prosecutorial statement;

1. Seizure records;

1. A report on investigation (verification of the debtor);

1. Documents for loan application, including a loan application form and the details of passbook;

1. Application of Acts and subordinate statutes to a copy of a certified advertisement;

1. Article 19(1)1 and Article 3(1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and Article 19(1)1 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (the selection of fines), Article 19(2)3 and Article 11(1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (the fact that interest exceeding the restricted interest rate has been received), Article 19(1)3 and Article 19-2(1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (the fact that advertisements concerning credit business have been made, the choice of fines has been made).

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