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(영문) 서울중앙지방법원 2013.08.30 2012고정5642
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant operated the non-registered rental company in Seocho-gu Seoul Metropolitan Government B apartment 817.

1) A person who intends to engage in a credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do governor, or the head of a local government having jurisdiction over the relevant place of business. Nevertheless, on May 31, 2011, the Defendant loaned KRW 3 million to C introduced by the branch in the absence of registration for a credit business, and provided a credit business that extended money over 350 times from May 31, 201 to February 21, 2012, as indicated in the separate list of crimes, to 143 persons as stated in the separate list of crimes. (2) If an unregistered credit service provider lends a loan to an individual or a small-scale corporation prescribed by Presidential Decree, the interest rate may not exceed the rate prescribed by Presidential Decree within the limit of 30/100 per annum.

Nevertheless, the Defendant loaned KRW 1 million to D who was introduced by the branch on November 24, 2011 and loaned KRW 120,000 over 20 days in 10,000,000 per annum for 20 days, and thereby, violated the interest rate limitation by collecting excess interest as shown in the attached list of crimes.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. The statement in the first and second police statements about E; and

1. Each statement made by the police officer in F, D, and G;

1. Each entry in the records of seizure and the list of seizure;

1. Application of each Act or subordinate statute in relation to investigation reports (related to the victim's telephone statement), investigation reports (related to the submission of a bankbook statement), investigation reports (related to the submission of bank tracking data), investigation reports (related to the submission of loan-related documents), investigation reports (related to the calculation of crime list and interest rate), investigation reports (related to the filing of seized articles), and investigation reports (related to the filing

1. Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts and the Selection of Punishment, respectively;

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