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(영문) 서울중앙지방법원 2015.06.11 2015고정1762
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Any person who intends to run an unregistered credit business shall register with the Special Metropolitan City Mayor, etc. having jurisdiction over the relevant place of business, for each business office;

Nevertheless, on August 26, 2014, the Defendant, without registering credit business, lent KRW 700,000 to C contact after Internet search in front of Dongjak-gu Seoul Metropolitan Government on the street and operated credit business as shown in the attached list of crimes by October 11, 2014.

2. Where a credit service provider, which has not received interest exceeding the interest rate, makes a loan, it shall not receive interest exceeding 25% per annum which is the maximum interest rate under the Interest Limitation Act on the lending and borrowing of money;

Nevertheless, on August 26, 2014, the Defendant loaned KRW 700,000 to C contact with the Internet search at the front of Dongjak-gu Seoul Metropolitan Government on September 16, 2014, and concluded a loan agreement to repay KRW 1,00,000 on September 16, 2014, and received an amount equivalent to interest rate of KRW 782.1% per annum, as shown in the attached list of crimes, and received interest exceeding the limited interest rate by lending KRW 9,680,00 in total to 10 persons as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the detailed statement of deposit transactions, indication of passbook, and statutes on transactions;

1. Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts, Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (including the occupation of running unregistered credit business), Articles 19 (2) 3 and 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, Article 2 (1) of the Interest Limitation Act (the occupation of receiving

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

1. Articles 70 (1) 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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