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(영문) 서울북부지방법원 2015.08.18 2015고단1559
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to operate a unregistered credit business shall register with the competent administrative agency;

around September 2, 2012, the Defendant did not register despite the expiration of the registration period for credit business, and loaned KRW 9.88 million from “E” on the first floor of the building located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, to F, around December 17, 2013, and had thereafter run non-registered credit business four times in total from July 14, 2014, as described in the list of crimes in the attached Table.

2. Receipt of excess of interest rates;

A. A. Around December 17, 2013, the Defendant, in excess of the interest rate on F, lent KRW 9.88 million to F from the foregoing “E” to the Defendant, and received interest exceeding 30% per annum from the Si to June 25, 2014, as indicated in the [Attachment List No. 2] to the end of June 25, 2014.

B. Around July 14, 2014, the Defendant loaned KRW 10 million to G from the foregoing “E” to the Defendant, and received interest exceeding the statutory interest rate of KRW 30% per annum over one time, as indicated in the [Attachment 1] List No. 1].

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning G and F;

1. Each registration certificate of credit business;

1. Application of the details of transactions in Korean banks and the Acts and subordinate statutes governing the transactions in Korean banks;

1. Article 19(1)1, Article 3(1) of the former Act on the Registration of Credit Business and Protection of Finance Users (amended by Act No. 12156, Jan. 1, 2014; hereinafter the same shall apply), Article 19(2)3, and Article 11(1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (amended by Act No. 12156, Jan. 1, 2014; hereinafter the same shall apply), Article 2(1) of the former Interest Limitation Act (amended by Act No. 12227, Jan. 14, 2014; hereinafter the same shall apply) on criminal facts

1. Although each of the selective fines for punishment is selected, the defendant has been registered for credit business, there are two times the same punishment power.

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