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(영문) 서울동부지방법원 2013.06.19 2013고정853
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Notwithstanding that a person who intends to engage in credit business or credit brokerage business is registered with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor having jurisdiction over the pertinent place of business by each place of business, the Defendant, at around 15:00 on April 9, 201, lent 4,400,000 won to E on a daily basis at the D coffee shop located in Songpa-gu Seoul Metropolitan City, on a condition that 60,000 won shall be repaid to E for 100 days, as shown in Table 1 of the Crimes List.

2. In a case where an unregistered credit service provider grants a loan, the interest rate shall not exceed 30% per annum. Notwithstanding the fact that the Defendant, on April 9, 2011, loaned 4.4 million won per annum to E on a condition that 60,000 won shall be repaid every day, and thereby, received interest at the interest rate of 237.6% per annum, which violates the statutory interest rate limit, from the above date and time to June 9, 2011, in violation of the statutory interest rate limit at a total of five times, as shown in attached Table 1.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Application of Acts and subordinate statutes to each investigation report (Submission of detailed statement of passbook transactions, E details of passbook transactions, etc.);

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, Article 19 (2) 3 and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (2) 3 and 11 (1) of the Act on the 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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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