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(영문) 수원지방법원 안산지원 2013.04.25 2013고정446
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a beauty room with the trade name called Ansan-si B.

Anyone who intends to engage in credit business shall register with the competent administrative agency of the relevant place of business, and, in fact, where a credit service provider grants a loan to an individual, etc., the interest rate on the loan shall not exceed the statutory limit interest rate (40% per annum before October 26, 201 and 30% per annum thereafter).

Nevertheless, the Defendant did not register with the competent authority, and around December 31, 2008, lent 2.5 million won to the debtor C (the 38 years of age, female) around December 31, 2008, and received interest of 1.9 million won per month from January 2009, and thereafter, received interest of 1.9 million won per annum from the debtor C (the 500,000 won of the first police officer) until the end of May 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A certified copy of the loan C notarized by the other party;

1. Application of investigation reports (general Acts and subordinate statutes);

1. Articles 19 (1) 1, 3 (1), 19 (2) 3, and 11 (1) of the Act on the Registration of Credit Business and Protection of Finance Users regarding criminal facts, Article 2 (1) of the relevant Act on the Registration of Credit Business and Protection of Finance Users, Articles 19 (1) 3, 19 (2) 3, and 11 (1) of the Interest Limitation Act, 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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