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(영문) 대전지방법원 천안지원 2014.03.27 2013고정861
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A person who intends to engage in an unregistered credit business shall file for registration with the Special Metropolitan City Mayor, Metropolitan City Mayors, or Do Governors having jurisdiction over the relevant place of business. From July 17, 2012, the Defendant run a credit business without registration by lending 2.7 million won to B on October 29, 2012, including lending 2.7 million won from July 17, 2012 to April 8, 2013, as shown in the list of crimes in the separate sheet of crimes.

2. A loan may not exceed the interest rate of 30% per annum where a credit service provider, who has not registered credit business, lends a loan exceeding the interest rate of 30 million won per annum to B on October 20, 2012, and the Defendant agreed to pay 60,000 won per annum for 60,000 won per day for 63 days and lent a loan to 38 persons over 106 times as shown in the annexed list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The statement concerning B;

1. Records of seizure and the list of seizure;

1. A detailed statement of loan collection, power of attorney, loan certificate, standard contract for loan transaction, loan certificate, loan certificate, and passbook transaction with agricultural cooperatives branch offices;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a copy of seized articles);

1. Article 19 (1) 1, Article 3 (1), and Articles 19 (2) 3 and 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts 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 48 (1) of the Criminal Act of confiscation;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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