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(영문) 창원지방법원 마산지원 2012.12.13 2012고정930
대부업등의등록및금융이용자보호에관한법률위반
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

On May 18, 2012, the Defendant was sentenced to imprisonment with prison labor for the crime of damage to public goods, etc. in the Seo-gu District Court Branch of the Daegu District Court for ten months, and the said judgment became final and conclusive on September 21, 2012.

1. When any person intends to engage in a credit business which carries on the grant of and intermediation of the grant and receipt of money for any unregistered credit business, he shall file for registration with the ordinary south Do governor;

Nevertheless, the Defendant engaged in credit business without registration from May 201 to April 8, 2012.

2. No interest rate shall exceed 30% per annum, if an unregistered credit service provider engages in credit business without any registration exceeding the limited interest rate.

Nevertheless, around April 8, 2012, the Defendant decided to lend KRW 3 million to the victim C who operates the Haak-gun, Hanam-gun.

In relation to the above loan, the Defendant loaned 2.85 million won to the victim after deducting 1.50,000 won as a prior interest for 3 million won, and then received 60,000 won interest every day for 60 days, and violated the interest rate limit by 292.12% per annum, which violated the statutory interest rate limit from two victims over three times as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Each report on internal investigation (limited to attachment of deposits without passbook);

1. Previous convictions: Application of a copy of judgment;

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, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Selection of each fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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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