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(영문) 광주지방법원 순천지원 2013.04.10 2012고정964
대부업의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On November 10, 2010, the Defendant without registration: (a) received a credit business registration from the competent authority; (b) lent KRW 1,350,000 to the victim B; and (c) entered into a loan agreement with the victim B to repay the principal at one hundred and fifty thousand won on a monthly interest basis; and (d) lent KRW 1,350,000 through phones through phones until March 12, 2012, the Defendant engaged in an unregistered credit business without registration by means of lending KRW 5,439,00 over 12 times, as shown in the separate list of crimes, and receiving interest.

2. The Defendant, who received interest exceeding the interest rate, extended around November 10, 2010, lent KRW 1,350,000 to B, who is an applicant for a loan, as the monthly interest rate of KRW 1,50,000,000, and received interest KRW 4,50,000 from that date until February 11, 2011.

Accordingly, the Defendant received 133% interest per annum in excess of 30% per annum, which is the legal interest rate of unregistered credit service providers, from that time. From that time, the Defendant received a total of KRW 1,869,00,000 exceeding the legal interest rate as shown in the annexed crime list, from March 12, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes concerning the detailed analysis of victims C transactions and a summary of the remaining victims;

1. Article 19 (1) 1, Article 3 (1) ( point of running a unregistered credit business), Articles 19 (2) 3 and 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, Article 2 (1) of the Interest Limitation Act ( point of receiving interest in excess of the rate of restriction), 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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are primary offenders and reflects the sentencing, the fact that the victim C and D agree with the victim after the prosecution, and other circumstances revealed in the instant case, such as the defendant’s age, character and conduct, home environment, motive for the crime, and circumstances after the crime, etc.

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