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(영문) 서울북부지방법원 2014.12.10 2014고정2641
대부업등의등록및금융이용자보호에관한법률위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to engage in a credit business or loan brokerage business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do governor, having jurisdiction over the relevant place of business, and where an unregistered credit service provider lends a loan, he/she may not receive interest exceeding 30

The defendant did not register his credit business to the competent authority.

1. Around January 10, 2014, the Defendant lent KRW 8,000,000 to C at the D Beauty Room operated by Gangnam-gu Seoul, Seoul, to C, and then received KRW 100,000 per annum from C and violated the interest rate limit by calculating the annual interest rate of KRW 141.8% per annum by 96 days.

2. The Defendant, from December 16, 2013 to July 25, 2014, engaged in a non-registered credit business for profit by not registering with the competent authority, and receiving interest on lending to C, etc. without registering with the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (including the substitute part);

1. Statement to C by the police;

1. Investigative report (the calculation report on the annual interest rate for the number of days referenced in ordinary people finance 1332);

1. Registered credit service companies;

1. Statement of transactions by account and statement of transactions by interest rate;

1. Application of the statutes governing promissory notes and certificates of personal seal impression;

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, Article 19 (1) 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 a fine;

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

1. Articles 70 (1) 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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