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(영문) 청주지방법원 2015.11.16 2015고정481
대부업등의등록및금융이용자보호에관한법률위반
Text

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

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

Reasons

Punishment of the crime

1. Any person who intends to operate a credit business shall register with the Mayor of the competent administrative agency;

Nevertheless, around August 2012, the Defendant carried out credit business by means of lending KRW 2 million to D without registering at “Ccafeteria” located in the substantial jurisdiction of Cheongju-si, and receiving interest of KRW 200,000 from D.

2. No unregistered credit service provider shall receive interest in excess of 30 per annum.

Nevertheless, around August 2012, the Defendant lent 2 million won to D at “Ccafeteria” located in the substantial jurisdiction of Cheongju-si, and received interest of 200,000 won from D.

Accordingly, the Defendant received interest exceeding 30% per annum.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to each recording book, each of the automatic entry/ withdrawal statement;

1. Article 19(1)1 and Article 3(1)3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (amended by Act No. 11544, Dec. 11, 2012; hereinafter the same shall apply), Articles 19(2)3 and 11(1) of the former Act on Registration of Credit Business, etc. and Protection of Finance Users (amended by Act No. 11544, Dec. 1, 2012; hereinafter the same shall apply), and selection of fines for crimes;

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

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