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(영문) 인천지방법원 2013.11.04 2013고정3301
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

1. Any person who intends to operate a unregistered credit business shall make a registration with the competent authority having jurisdiction over the relevant place of business by each place of business;

The Defendant did not register a credit business with the competent authority on August 10, 201, while lending KRW 3,000,000 to C on the front side of Incheon Nam-gu, Incheon, to receive KRW 39,000 each day for 100 days, and received KRW 3,330,000 until October 10, 201.

B. The Defendant, without registering a credit business with the competent authority on August 15, 201, agreed to borrow KRW 2,600,000 to E on the front side of Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, Incheon, to receive KRW 2,600,000 each day until January 15, 2012, and received KRW 2,705,000 from the competent authority.

Accordingly, the Defendant engaged in unregistered credit business.

2. Where any unregistered credit service provider and any unregistered credit service provider lend a loan at a rate exceeding the restriction rate, they shall not collect interest at an rate exceeding 30/100 per annum.

Nevertheless, as described in paragraph (1), the Defendant granted a loan to C and E, and received interest at a rate exceeding the statutory interest rate of 19.1% exceeding the above 30%.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, E, and F;

1. Articles 19 (1) 1 and 3 (1) of the Act on 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, and Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereafter referred to as "unregistered Credit Business Operator" in this Article): Each certified copy of the C performance receipt, a copy of passbook used by a suspect, calculation of the interest rate for the number of days, details of accounts

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;

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