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(영문) 서울중앙지방법원 2013.09.26 2013고정4475
대부업등의등록및금융이용자보호에관한법률위반등
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. A person who intends to engage in a credit business shall register the credit business with the competent Mayor on April 5, 2013, the Defendant, without registering the credit business in Gangnam-gu Seoul on or around 17:00 on April 5, 2013, deducted a loan of KRW 4 million from the prior interest and KRW 400,000,000 on a daily basis from the loan amount of KRW 60,000,000 on an equal condition that the sum of the interest and the principal shall be paid over 80,000,000 on an equal condition that the loan shall be made.

2. In a case where a unregistered credit service provider grants a loan, the loan cannot exceed 30% per annum, which is the highest interest rate under the Interest Limitation Act, and the Defendant received a payment of interest exceeding 30% per annum, which is the highest interest rate under the Interest Limitation Act, by making a loan to the said D at the same time and at the same place as in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 19 (1) 1 and Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, Article 19 (1) 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 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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