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(영문) 서울중앙지방법원 2013.04.17 2013고정685
대부업등의등록및금융이용자보호에관한법률위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Any person who intends to operate a unregistered credit business shall register with the administrative agency having jurisdiction over the relevant place of business, for each place of business;

Nevertheless, on March 21, 2012, the Defendant entered into a loan agreement on KRW 27,700,000,000,000,000, which is a residence of Gangnam-gu Seoul Metropolitan Government, with no registration with the competent administrative agency, around March 21, 2012, the Defendant loaned KRW 2,77,00,000 after deducting KRW 2,30,000 as a prior interest, and was paid KRW 35,00,000 after one month. At the time of default, the Defendant performed credit business on the condition that 42,000,000 won should be repaid every day from

2. If an unregistered credit service provider, in violation of the interest rate limitation, lends a loan, the maximum interest rate shall be 30% per annum.

Nevertheless, the Defendant concluded a loan agreement with regard to KRW 30 million at the date, time, place, and place mentioned in the above Paragraph (1), and violated the restriction on the interest rate by obtaining interest rate of KRW 2.3 million per annum by deducting KRW 2.3 million in advance under the name of interest and making repayment of KRW 35 million in the name of principal and interest after a month, and by allowing repayment of KRW 316.2% per annum from that time to that time, and by allowing repayment of KRW 42 million in the aggregate of KRW 42 million per day from that time when repayment is impossible.9% per annum.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 19 (1) 1 and Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Selection of fines, respectively;

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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