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(영문) 의정부지방법원 고양지원 2013.05.30 2013고정528
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to operate a credit business in violation of the Act on Registration of Credit Business and Protection of Financial Users shall register the relevant place of business with the competent administrative agency, at each place of business;

In April 2010, the Defendant, while running a credit business on the condition that the Defendant received days from around April 2010, did not register it with the credit business, and operated the credit business.

2. Where a credit service provider without registration violates the Act on Registration of Credit Business and Protection of Financial Users, the maximum interest rate on a loan of money under a contract shall not exceed 30 percent per annum;

In May 2010, the Defendant loaned 2 million won to the loan applicant C (34, female) in Gangnam-gu Seoul, Seoul, on condition that 2,40,000 won per day for 100 days, the Defendant loaned 2,40,000 won per annum and exceeded 30% of the statutory interest rate of 136% per annum.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written laws and regulations

1. Relevant Articles 19 (1) 1, 3 (1), 19 (2) 3, and 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning facts constituting an offense, and the 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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