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(영문) 의정부지방법원 고양지원 2013.12.19 2013고정463
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The name weak persons (the name “B,” “C”) are those who run credit business at the head office located in the Dong-dong, Yongsan-gu, Busan Metropolitan City D, and the Defendant used the name “E” and work as an employee at the above credit business office.

1. Any person who intends to operate a credit business shall file for registration of the credit business with the Mayor/Do Governor having jurisdiction over the relevant place of business;

Nevertheless, the Defendant is an employee in the foregoing office, and the Defendant, in collusion with the above, lent 10 million won to F around October 29, 201, and run an unregistered credit business from January 201 to February 2012, 201.

2. Where an unregistered credit service provider lends a loan, no interest shall be paid in excess of the maximum interest rate of 30% per annum;

Nevertheless, on October 29, 201, the Defendant, in collusion with the above under-paid winners, lent KRW 10 million to F at the H Institute located in the Goyang-gu Yadong-gu Yadong-gu, Seoul, under the condition that F will repay 120,000 won per annum (176% per annum), and received interest in excess of the highest interest rate by receiving the payment of the nominal money, such as the principal and interest, from the account under the Defendant’s name.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the witness F’s statutory statement Acts and subordinate statutes;

1. Relevant Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts, Article 30 of the Criminal Act, Article 19 (2) 3 and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 30 of the Criminal Act, Article 30 of the Criminal Act, 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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