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(영문) 수원지방법원 2013.03.28 2013고정223
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 operating a credit business against small-scale merchants in the case of "B" in the name of "B".

1. Any person who intends to operate a credit business shall file for registration of the credit business with the administrative agency of the area having jurisdiction over the relevant place of business by each place of business;

Nevertheless, on August 6, 2012, the Defendant, without registering a credit business, lent KRW 2 million to D, which operates the Heung-gu Kuung-si C clothes house, Young-gu, Gwangju-si, and KRW 2 million to F, which operates the business around 10th of the same month, and operated the unregistered credit business.

2. No credit service provider shall lend money to the opposite contractual party in excess of 39% per annum (3.25% per annum);

Nevertheless, the defendant, however, shall:

(a) around August 6, 2012, to D, running the Garo C clothes house of Yong-si, Young-si, 200,000 won, loans KRW 20,000,000 per annum with a view to 12,000 won per annum (6.02% per annum) under the condition that 1,90,000 won per annum is repaid for 200 days with a loan of KRW 1,90,000 per annum;

B. Around August 10, 2012, a loan of KRW 2 million was made by deducting KRW 20,000 as a fee, and lending KRW 1980,000 per day to F who operates Gwangju City by applying the annual interest rate of 72.3% (6.02% per month) on the condition that the principal and interest of KRW 12,00 per day shall be repaid for 200 days (6.02% per month).

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (verification of the fact of damage);

1. A copy of loan documents (credit card, D), a copy of loan documents (credit card, F);

1. Application of Acts and subordinate statutes on prestigious land;

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 and Article 19 (1) 3 and Article 11 (2) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (the fact that a credit service provider, etc. has received interest exceeding the interest rate limited to the interest rate limited to the unregistered credit service provider, and the selection of fines);

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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