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(영문) 의정부지방법원 고양지원 2013.05.30 2013고정527
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to run 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 in the competent administrative agency;

Since February 2012, the Defendant, while running a credit business on the condition that the number of days of interest accrue, 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;

On March 2012, the Defendant loaned 3 million won to the applicant B (the 46-year and female) at the Buddhist coffee shop located in Gangnam-gu Seoul Metropolitan Government (the 46-year and female) and loaned 40,000 won on a daily basis for 90 days (the annual interest rate of 151%) and exceeded 30% per annum.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement No. B

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. The above amount of fine shall be determined by comprehensively taking account of the following factors: (a) the Defendant agreed with the reasons for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the loan amount in this case; (c) the means and result of the instant crime; (d) the circumstances after the instant crime; (e) the Defendant’s age, character and conduct, family environment,

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