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(영문) 의정부지방법원 고양지원 2013.05.30 2013고정573
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. A person who intends to operate a credit business in violation of the Act on the Registration of Credit Business and the Protection of Financial Users (Unregistered Credit Business Entities) has registered the relevant places of business with the competent administrative agency, but the Defendant did not operate a credit business on the condition that the Defendant would receive days from April 2009 on the condition that the Defendant would receive the said places of business.

2. Where a credit service provider without registration violates the Act on Registration of Credit Business and Protection of Financial Users, the maximum interest rate on a loan of money under a contract shall not exceed 30 percent (on November 2009) per annum;

In November 2009, the Defendant loaned KRW 5 million to the loan applicant B at Hop in the vicinity of the Gangnam-gu Samsungdong, Seoul, and loaned KRW 4.280,000 to the loan applicant for the limit of KRW 4.280,000 on a daily rate of KRW 60,000 for 100,000 and exceeded 30% of the statutory interest rate of KRW 205% per annum.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement No. B

1. Relevant Articles 19 (1) 1, 3 (1), 19 (2) 3, and 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning facts constituting an offense, and the 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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the following: (a) the Defendant agreed with B (23 pages of investigation records); (b) the loan amount in this case; (c) the means and result of the instant crime; (d) the circumstances after the crime; (e) the Defendant’s age, character and conduct, family environment, etc.

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