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(영문) 인천지방법원 2013.03.25 2012고정5231
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

On November 15, 2012, the Defendant was sentenced to a suspended sentence of five months by imprisonment for a violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users at the Incheon District Court on November 15, 2012, and the judgment became final and conclusive on November 23, 2012. The Defendant is a person who engages in unregistered credit business at the office of office No. 507 of Incheon Southern-

1. Where an unregistered credit service provider lends a loan to any unregistered credit service provider with excessive interest, the highest interest rate shall not exceed 30 percent per annum;

On February 1, 2012, the Defendant loaned KRW 1 million to C at the above place and agreed to receive KRW 200,000 for every 15 days as interest, and paid KRW 80,000 after deducting KRW 20,000 from the prior interest.

Accordingly, the Defendant received interest exceeding the statutory interest rate by receiving interest rate of 600% per annum.

2. No one, other than credit business operators, credit service providers, or credit financial institutions, may place an advertisement for credit business;

On January 19, 2012, the Defendant lent a certificate of credit business registration of D Loans and E loan brokerage at the above location, “50-200, cash payment on the day, employees, students/free women, H, D Loans, Incheon, 1-3.25% per annum, overdue interest within 39% per annum, additional expenses, fees, and unpaid interest, and 507, Nam-gu Incheon Metropolitan City, Incheon Metropolitan City, 507”, “Inngu, 7,8,9, and9 loans, credit limit loans, work students, university students, unemployed, women-owned women-owned businesses, counseling services for additional loans, H, D loans, 13.25% per annum, overdue interest within 39% per annum, additional fees, and free advertisement within the south-gu Incheon Metropolitan City,” and “Inngu, Incheon Metropolitan City, 507.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (verification as to whether credit business or loan brokerage business is registered);

1. Current status of registration of credit business, each registration certificate of credit business, each registration certificate of credit business brokerage business, each advertisement, and each subscription form for advertisement;

1. Previous convictions: Case search and application of Acts and subordinate statutes;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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