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(영문) 의정부지방법원 고양지원 2013.08.14 2013고정506
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to operate a credit business in violation of the Act on Registration of Credit Business and Protection of Financial Users (unregistered credit service company) shall register the relevant place of business with the competent administrative agency;

The Defendant, while running a credit business on the condition that the Defendant received days from February 2009 to May 2009, did not register with the competent authorities and operated the credit business.

2. Where an unregistered credit service provider violates the Registration of Credit Business and Protection of Financial Users Act, the maximum interest rate on loans of money shall not exceed 30 percent per annum;

On May 2009, the Defendant loaned KRW 20,00,000 to D applicants for loan at the fifth floor C hospital of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, to the 5th floor of B building D, and loaned KRW 18,600,000, deducting KRW 1,400,000 per annum for 100 days per annum, and exceeded 193% per annum interest rate of 193% per annum.

Summary of Evidence

1. Statement of each police statement regarding D;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 19 (1) 1 and Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Financial Users regarding criminal facts, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Financial Users, and Selection of fines for negligence;

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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