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(영문) 서울북부지방법원 2013.03.26 2013고정61
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

1. Any person who intends to run a unregistered credit business or a loan brokerage business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan City Mayor, or Special Self-Governing Province Governor

Nevertheless, the Defendant, from October 201, distributed the name of the number of days on which the Defendant’s contact information was entered to the Seoul Southern-gu, Nowon-gu, and Gyeonggi-do government shopping mall, and provided a loan to B, C, and D without being registered with the Seoul Special Metropolitan City Mayor.

2. No credit service provider that has not received any excess interest shall receive interest exceeding the loan interest rate of 30% per annum;

A. On October 201, the Defendant entered into a contract with the Seoul Special Metropolitan City Nowon-gu E to lend KRW 950,000 to B operating a head office and KRW 200,000 per day for 60 days to receive reimbursement of KRW 1,20,000 per day, and received interest exceeding the annual interest rate of 30%.

B. On February 2, 2012, the Defendant entered into a contract by which KRW 950,000 won is to be repaid every 20,000 won per day for 60 days while lending KRW 950,00 to C at the F clothing point in Seoul Jung-gu, Seoul, and received interest exceeding the interest rate of KRW 30% per annum.

C. On July 2012, the Defendant: (a) loaned KRW 1,425,00 to the water purifier D from the Government-si G around 2012; (b) entered into a contract with KRW 30,000 per day to receive reimbursement of KRW 1,80,000 per day; and (c) received interest exceeding the annual interest rate of KRW 30%.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Each police suspect interrogation protocol of H and I;

1. Investigation report (D hearing statements);

1. To specify the number of days and apply the Acts and subordinate statutes of each loan document;

1. Violation of Article 19 (1) 1, Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and violation of the pertinent Act and Article 19 (1) 1, 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 the limitation of interest rates under each subparagraph

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