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(영문) 서울남부지방법원 2013.09.23 2013고정2573
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

Anyone who intends to run a credit business shall register with the relevant administrative agency, and where an unregistered credit service provider lends a loan to an individual, etc., the maximum interest rate on lending and borrowing of money shall not exceed 30 percent per annum.

Nevertheless, the Defendant, without registering a credit business from April 2013 to May 9, 2013, operated a credit business with many unspecified persons, and received KRW 30,000,000 from May 13, 2013 by getting a loan of KRW 1,50,000,00,000, after deducting a fee of KRW 1,50,000,000 from the loan application at a coffee shop adjacent to the erosctic basin in Gangseo-gu Seoul Metropolitan Government, the Defendant provided a loan of KRW 1,50,000 from the loan application fee of KRW 1,50,000 per day to KRW 30,000 per day.

Accordingly, the Defendant did not register with the pertinent administrative agency, and received interest exceeding the interest rate of 30% per annum from the above B.

This part of the facts charged states that “the Defendant received 364% interest,” but this is the interest rate calculated on the premise that the Defendant received all the agreed interest, and even according to the statement B, it seems that the Defendant did not receive all the agreed interest.

Therefore, the facts recognized by evidence shall be changed as stated in the ruling.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

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