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(영문) 광주지방법원 2013.05.30 2013고정760
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

1. From the early July 2012 to the end of November 2012, the Defendant engaged in credit business without registering with the competent authority, by entering into a loan agreement as described in the separate list of crimes in the Seo-gu, Seo-gu, and C, Gwangju, and receiving principal and interest.

2. On July 2012, the Defendant violated the restriction on the interest rate of unregistered credit service providers: (a) loaned KRW 940,000,000 calculated by deducting KRW 20,000 from the Seo-gu, Seo-gu, Gwangju to D for 60 days the principal and interest of KRW 20,000 per annum; and (b) from then to November 201, the Defendant violated the restriction on the interest rate on all seven occasions as shown in the annexed list of crimes.

3. The Defendant, who violated the prohibition of advertising for credit business, etc., did not register with the competent authority, advertised the credit business by spraying Chapter 3,000, which states “Innick-gu or 100% loans, security, and guarantee” in the area where the Defendant was engaged in credit business without registering with the competent authority from July 2, 2012 to January 10, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Each contract, loan certificate, or letter;

1. Application of Acts and subordinate statutes to a report of investigation (investigative records61 pages);

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 and Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, Article 19 (2) 3, Article 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, Article 2 (1) of the Interest Limitation Act, Article 19 (1) 3, Article 19 (1) 3, Article 9-2 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users;

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. Article 70 of the Criminal Act for the Detention of Labor House Head.

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