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(영문) 울산지방법원 2013.05.27 2013고정398
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The Defendant is a person who has engaged in credit business under the trade name of “B,” and even if a credit service provider could not exceed the annual interest rate of 44% until June 26, 2011 (or may not exceed 39% a year thereafter), Article 5(2) of the Enforcement Decree of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 5(2) of the former Enforcement Decree of the Act on Registration of Credit Business, etc. and Protection of Finance Users (Amended by Presidential Decree No. 22991, Jun. 27, 2011); Article 5(2) of the former Enforcement Decree of the Act on Registration of Credit Business, etc. and Protection of Finance Users (Amended by Presidential Decree No. 2298, Jul. 21, 2010); however, the Defendant issued a loan at the rate of 250,000 won after deducting the loan interest rate of 300,000 won from the loan office’s daily interest rate of 210,010.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement of E;

1. Application of Acts and subordinate statutes to the defendant's statement;

1. Article 19 (2) 3 and Article 8 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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