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(영문) 수원지방법원 2017.07.13 2017고정1304
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

A person who intends to engage in a loan business shall register the loan business to the administrative agency having jurisdiction over the relevant place of business, and shall not collect interest exceeding the statutory limit.

Nevertheless, on November 30, 2016, the Defendant, in collusion with B, lent KRW 100,000,000 per day interest to E who operates kimchi-making enterprises with the trade name of "D" in Ma from Masung City around November 30, 2016, on condition that 12,000,000 won is repaid per day for 100 days, and received interest exceeding the limited interest rate by lending KRW 1,20,000 per day interest to G who operates food goods distribution business from Y around 29 December 29, 200.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Name cards and leaflets;

1. Application of Acts and subordinate statutes on loan documents;

1. Relevant legal provisions concerning criminal facts, registration of the selective loan business, etc., and Article 19(1)1 and Article 3(1) of the Act on the Protection of Financial Users, Article 30 of the Criminal Act, registration of loan business, etc., and Articles 19(2)3 and 11(1) of the Act on the Protection of Financial Users, Articles 19(2)3 and 11(1) of the Criminal Act, Article 30 of the Criminal Act, and selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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