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(영문) 서울중앙지방법원 2013.12.04 2013고정5661
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

The Defendant is a unregistered credit service provider.

1. On April 24, 2013, the Defendant exceeded the limited interest rate: (a) lent the above victim KRW 5 million from “D” of the victim C’s operation in Seongbuk-gu Seoul Metropolitan Government; (b) in fact, borrowed KRW 4.65 million, excluding KRW 3.5 million under the name of prior interest and fee; and (c) received KRW 80,000 per day on the interest basis.

Accordingly, the Defendant received 256.8% interest per annum exceeding 30% per annum, which is a statutory interest rate.

2. Any person who intends to operate an unregistered credit business shall register with the Special Metropolitan City Mayor, etc. having jurisdiction over the relevant place of business.

Nevertheless, the Defendant, without registering with the Special Metropolitan City Mayor, engaged in credit business for small-scale merchants from March 2013 to August 2013, including lending without registering with the Special Metropolitan City Mayor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (receiving by facsimile, such as borrowing certificates from A of a suspect);

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

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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