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(영문) 수원지방법원 평택지원 2013.07.05 2013고정295
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Any person who intends to operate a credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor having jurisdiction over the relevant place of business, and the interest rate for a loan that is made by an unregistered credit service provider shall not exceed 30 percent per annum under the Interest Limitation Act.

On June 22, 2012, the Defendant loaned KRW 5 million to the victim D in Pyeongtaek-si B located in Pyeongtaek-si, and paid KRW 4,675,00,00, which is the interest of five days interest, for five days prior to the payment of KRW 325,00,00, which is the interest of KRW 65,00,000 per annum, and operated unregistered credit business exceeding the interest rate of KRW 149,00 per annum.

B. On July 19, 2012, the Defendant loaned KRW 5 million to the victim D in the Cda located in Pyeongtaek-si B, and paid KRW 4,850,000 after deducting 1,50,000 from the prior interest, instead of specifying the repayment period, and carried on unregistered credit business by paying KRW 3,50,000 per month for interest and exceeding the annual interest rate of KRW 89,000.

C. On September 7, 2012, the Defendant loaned KRW 5 million to the Victim G from Pyeongtaek-si E’s clothes, the Defendant paid KRW 4,675,00,000, which is the interest of KRW 325,000,000, which is the interest of the five-day interest day, to receive KRW 65,000 on a daily basis for 95 days, and operated unregistered credit business exceeding the annual interest rate of KRW 149,00.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A copy of a loan certificate;

1. Application of Acts and subordinate statutes to report on investigation (Attachment to a statement of victim'sD telephone statement);

1. Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning facts constituting an offense and Article 19 (1) 1 of the relevant Act and Articles 19 (1) 1 and 3 (1) of the Act on the Protection of Finance Users (the occupation of running a registered credit business and the selection of fines), Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users

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

1. The Criminal Act for the detention of a workhouse;

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