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(영문) 서울중앙지방법원 2015.04.30 2015고단644
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding seven thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Any person who intends to engage in unregistered credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province Governor, which has jurisdiction over the relevant place of business;

Nevertheless, on July 23, 2013, the Defendant, without registering a credit business, lent KRW 10.6 million to F, a private village of E, at E’s house located in Gangnam-gu Seoul, Gangnam-gu, Seoul, as well as leased KRW 10.6 million between October 2012 and December 2013, the Defendant run an unregistered credit business by lending KRW 5.329 million to 44 persons in total, as shown in the list of crimes in the attached list of crimes in the Gangnam-gu Seoul, Gangnam-gu.

2. Where an unregistered credit service provider lends a loan to an individual, etc., the interest rate shall not exceed 30% per annum.

Nevertheless, the Defendant, while lending KRW 10.6 million at the date, time, place, and place under the preceding paragraph, borrowed KRW 153.1% interest per annum from October 201 to December 2013 on condition that 130,000 won per day be repaid, and violated the provision on the restriction of interest rate by receiving interest rate from 34.8% per annum to 7.30% per annum exceeding the statutory interest rate, as shown in the attached list of crimes in the annexed list of crimes in the Gangnam-gu Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement to F and E;

1. Reports on internal investigation (organization of details deposited by victims in the designated account of a credit service provider), details of each account transaction, copies of loan account books, investigation reports (calculated of interest rates by victim and preparation of crime list), details of account transactions and application of Acts and subordinate statutes governing loan interest;

1. Article 19 (1) 1 and (3), and Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts and the Registration of Punishment, etc., Article 19 (1) 1 and (3), and Article 3 (1) of the Act on the Protection of Finance Users (including the fact of running unregistered credit business), Article 19 of the

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