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(영문) 의정부지방법원 고양지원 2013.04.25 2013고정288
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendants A jointly committed the crime is a person who engages in fishery products sales business under the trade name of “C” and engages in unregistered credit business, and Defendant B is a person who engages in the fishery products sales business under the name of “C”.

d. A person operating a lending enterprise of E within 419.

On April 10, 2012, the Defendants jointly reported that Defendant B posted an advertisement for credit business on the Luxembourg market, and confirmed that the F (37 years of age) was not a loan of financial rights due to bad credit standing, and connected Defendant A to obtain a loan, 1.5 million won as the principal of the loan, and deducted 3 million won as the prior interest, 1.5 million won as the principal of the loan, and paid 1.5 million won after ten days thereafter, the Defendants violated the restriction on interest rate as shown in the annexed Table of Crimes.

2. Although Defendant A’s person wishing to engage in the credit business must register with the competent authority, Defendant A engaged in the credit business without registering as described in the foregoing 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes on police statements made to F and G;

1. Article applicable to criminal facts;

(a) Defendant A: Articles 19(1)1, 3 (Occupancy of unregistered credit business), 19(2)3, and 11 of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Articles 19(2)3 and 11 of the same Act, Article 30 of the Criminal Act, and selection of each fine;

B. Defendant B: Articles 19(2)3 and 11 of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 30 of the Criminal Act, and selection of fines

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

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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