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(영문) 의정부지방법원 고양지원 2014.04.09 2014고정19
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is a person who engages in credit business without a trade name with an office in the area where it is sold to North Korean defectors.

Where a person intends to engage in a credit business as a broker for delivery and receipt of money, he/she shall file for registration with the competent Mayor/Do Governor.

Nevertheless, without being registered with the competent City/Do branch, the Defendant is running credit business from March 2013 to June 201, and the same year to C other than the instant case.

6. On the 26th of the same month, each of 3 million won of the same month was lent, and the interest was paid and otherwise the unregistered credit business was operated.

2. Where an unregistered credit service provider grants a loan, the loan shall not exceed the interest rate (30/100 per annum);

Nevertheless, on June 15, 2013, the Defendant lent KRW 3 million to non-indicted C, and received KRW 4 million in the annual interest rate of KRW 4 million for 100,000 for the number of days, and violated the restriction on the interest rate by receiving 219.4% per annum.

3. On June 26, 2013, the Defendant loaned KRW 3 million to Nonparty C, other than the instant case, and received KRW 3.4 million after 10 days and violated the interest rate limitation by 487% per annum.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Statement to C by the police;

1. A copy of the bankbook (corporate D E) or a loan certificate;

1. Application of Acts and subordinate statutes governing the calculation of interest rates;

1. Article 19 (1) 1, the main sentence of Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and Article 19 (1) 1, the main sentence of Article 3 (1) of the Act on 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 fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The fact that there is no record of criminal punishment for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the fact that the person is a new citizen, the circumstances leading to this case, and the victim's wife.

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