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(영문) 창원지방법원 마산지원 2013.11.14 2013고정665
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who engages in unregistered credit business.

Any person who intends to operate a credit business shall register the credit business with the competent authority and shall not receive or deliver in excess of the interest rate specified in any Act;

A. On January 1, 2013, the loan agreement was made with a loan agreement of KRW 1,00,000,000 per annum in front of the house held by the Seongbuk-gu Seoul Special Metropolitan City, Sungwon-si, Busan Special Metropolitan City. The agreement was made to receive reimbursement of KRW 20,00 per annum for 60 days each day, and the interest rate of KRW 225.7% per annum exceeded the interest rate prescribed in the Act.

Accordingly, the defendant was engaged in unregistered credit business and received in excess of the interest prescribed in the law.

(b) A window at the Chang-si, Chang-si, the first day of February 2013;

D. The victim E entered into a loan agreement with the loan principal of KRW 2 million and agreed to receive reimbursement of KRW 40,000 each day for 60 days, and received interest rate of KRW 225.7% per annum in excess of the legal interest rate prescribed in the Act.

Accordingly, the defendant was engaged in unregistered credit business and received in excess of the interest prescribed in the law.

(c) A window for the Chang-si, Chang-si, the date of February 2013.

F. A loan agreement with a loan principal of KRW 1.5 million in front of the victim G’s house, and agreed to receive reimbursement of KRW 30,000 each day for 60 days, and received interest rate of KRW 225.7% per annum in excess of the legal interest rate prescribed in the Act.

Accordingly, the defendant was engaged in unregistered credit business and received in excess of the interest prescribed in the law.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as a copy of loan application;

1. Relevant Article on criminal facts, Articles 19 (1) 1, 3 (1) ( point of running a unregistered credit business), 19 (2) 3, and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users for the Determination of Punishment, etc., and Selection of fines, respectively;

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

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