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(영문) 수원지방법원 2014.11.26 2014고정812
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 runs a credit business in violation of the Registration of Credit Business, etc. and Protection of Financial Users Act shall register his/her business with the competent administrative agency having jurisdiction over the relevant business office;

Nevertheless, on October 17, 2012, the Defendant, without registering, lent 3 million won to the obligor C at the coffee shop near the Rural Development Administration in Suwon-si, Suwon-si, the Rural Development Administration, and run credit business by lending 7 times in total from June 2012 to September 10, 2013 as shown in the attached crime list (1).

2. Where a credit service provider, etc. unregistered in violation of the Registration of Credit Business, etc. and Protection of Financial Users Act, lends a loan, the annual interest rate shall not exceed 30 percent per annum;

around October 17, 2012, the Defendant loaned 3 million won to the obligor C at the same coffee shop near the Rural Development Administration in Suwon-si, Suwon-si, and received interest equivalent to 73% of the annual interest rate from October 17, 2012 to December 5, 2012 at the interest rate of 50% used during the period of 50 days from October 17, 2012, and received interest exceeding the statutory interest rate of 17 times in total as shown in the attached list of crimes (2).

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Each police statement of E and F;

1. G statements;

1. A copy of the police statement of C with respect to the police statement, investigation report (in calculating the interest rate), and the application of Acts and subordinate statutes notifying data on financial transaction status;

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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