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(영문) 서울동부지방법원 2014.01.08 2013고정1769
대부업등의등록및금융이용자보호에관한법률위반
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.

Reasons

Punishment of the crime

1. The Defendant is a credit service provider that registered a credit business with the trade name “E” in Seongdong-gu Seoul Metropolitan Government from August 25, 2011 to July 2, 2012.

On June 2012, the Defendant loaned 2 million won to the obligor F at the above “E” office, and agreed to receive 7,400,000 won in installments for three months, and received interest at 64% per annum in violation of the statutory interest rate limit.

2. The Defendant did not register with the competent authority, and, on October 2012, loaned KRW 2.1 million to C at the office of a debtor C located in Seongdong-gu Seoul Metropolitan Government (hereinafter referred to as the “Seongdong-gu”) and agreed to receive KRW 7.440,000 in installments for three months. The facts charged are stated as follows: (a) the Defendant loaned KRW 2,00,000 to C for three months; (b) however, according to the evidence duly examined by this court, it is recognized that the Defendant would have to receive KRW 2.1 million in installments for three months while lending KRW 2,100,000 at the

Unregistered credit business was run.

Summary of Evidence

1. Partial statement on the second trial date of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Entry of F in part of the written statement;

1. Standard contract for loan transaction;

1. Application of the Acts and subordinate statutes requesting investigation data;

1. Article 19 (2) 3, Article 8 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, Articles 19 (1) 1, 19 (1) 1, and 3 (1) of the same Act, and the selection of fines;

1. Aggravation of concurrent crimes: 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 to attract a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The gist of the facts charged is that the Defendant does not register with the competent authority on October 2012 and does not exceed Seongdong-gu Seoul.

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