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(영문) 창원지방법원 2013.07.17 2013고정531
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is an unregistered credit service provider.

Any person who intends to engage in credit business or loan brokerage 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 no registered credit service provider shall receive interest at an interest rate exceeding 30% per annum

Nevertheless, at around 18:10 on March 5, 2010, the Defendant run a non-registered credit business in violation of the restriction on the interest rate by lending to C and D nine times in total, such as: (a) lending five million won to C at the parking lot of the central Dong office located in Seongbuk-gu, Sungwon-si; (b) deducting KRW 5 million from prior interest 300,000 won each month; and (c) having C and D bear more than 76% per annum by way of redemption after two months each month.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Each police statement of C or D;

1. A detailed statement of transactions and a repayment statement of loans;

1. Application of Acts and subordinate statutes on investigation reporting;

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

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.

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