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(영문) 부산지방법원 2013.07.18 2012고정5143
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant lent KRW 10 million per week to F for 24 weeks in excess of the interest limit rate under the Interest Limitation Act (78.90% per annum) as a member of the “E studul’s” in the D hotel underground located in Busan Dong-gu, Busan, without registering the credit business for viewing Busan, and around December 2010, the Defendant paid KRW 50,000 per week to F (78.90% per annum).

Accordingly, the defendant operated credit business without registering the credit business for viewing the jurisdiction over three times, such as the statement in the list of crimes, and the interest limit rate under the Interest Limitation Act was exceeded while running the unregistered credit business.

The summary of the evidence 15 weeks, 100,000 won per annum on December 2, 2010, 500,000 won per annum on the conditions of the debtor’s temporary place of payment (%) F 1 F 2010,000 won per annum, respectively, on February 2, 2011, the summary of the evidence 24 weeks, 78.90 G 2 G 2011, 8 million won per share on June 13, 123.613 H H 201.2. E on February 2, 2011, 80,000 won per 10,000 won per 15 weeks.

1. Each legal statement of witness F and H;

1. Application of Acts and subordinate statutes to an investigation report (report on confirmation of interest rates per annum);

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

1. The main sentence of Article 186 (1) of the Criminal Procedure Act;

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