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(영문) 울산지방법원 2012.12.27 2012고정1284
대부업의등록및금융이용자보호에관한법률위반
Text

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

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

Reasons

Punishment of the crime

1. Any person who intends to operate a credit business shall file for registration with the Mayor/Do Governor having jurisdiction over the relevant place of business;

Nevertheless, the Defendant, without registering with the competent Mayor/Do Governor on December 7, 201, lent two million won to B at the residence of B, which is the debtor, on April 17, 2012, without registering with the competent Mayor/Do Governor, and operated credit business, such as lending nine million won to the debtor by April 17, 2012, as shown in the list of crimes (excluding part C No. 4).

2. The maximum interest rate applicable to a loan made by an unregistered credit service provider shall not exceed 30 percent per annum;

Nevertheless, on December 7, 2011, the Defendant loaned KRW 2 million to B on December 7, 201, deducted KRW 100,000 as a commission fee, and paid 40,000 won per annum for 60 days, including the principal and interest, and received interest exceeding the limited interest rate as shown in the attached list of crimes (excluding Section C).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the suspect against the accused (including an interest rate calculation mark or loan certificate);

1. Application of each police statement made to D and B (including a statement of savings deposit transactions to B) statute;

1. Relevant legal provisions of Article 19 (1) 1, Article 3 (1) of the Act on Registration of Credit Business and Protection of Financial Users ( point of unregistered Credit Business), Articles 19 (2) 3 and 11 (1) of the same Act 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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