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(영문) 수원지방법원 2013.09.26 2013고단1308
대부업등의등록및금융이용자보호에관한법률위반
Text

A fine of KRW 5,00,000 shall be imposed for the crimes of KRW 1 to 3 as stated in the judgment of the defendant, and a fine of KRW 2,00,000 shall be imposed for the crimes of KRW 4 as stated in the judgment.

Reasons

Punishment of the crime

On September 29, 2011, the Defendant was sentenced to a suspended sentence of three years for a violation of the Act on the Registration of Credit Business and the Protection of Financial Users at the Seoul Central District Court, which became final and conclusive on December 17, 201.

From November 9, 2007, the Defendant is a person who operates a credit business under the name of E in the name of the mother in the Dongjak-gu Seoul Metropolitan Government C Apartment 103 Dong 402.

No credit service provider shall lend a loan to an individual or a small corporation prescribed by Presidential Decree at an interest rate exceeding 39% per annum.

Nevertheless, on June 201, the Defendant loaned KRW 1.5 million to the Victim F (F) at the Seoul Southern District Court post office located in Yangcheon-gu Seoul Metropolitan Government, Yangcheon-gu, Seoul, for the first time on 2011, and deducted KRW 3.50,000 in advance interest and fee, and paid KRW 1.150,000,000 on the condition that the principal and interest and interest are repaid at the rate of KRW 300,000 in total six times per month, and violated the restriction on the interest rate by receiving interest equivalent to the rate of KRW 114.8% per annum.

From that time to February 2012, the Defendant violated the provision on the restriction of interest rate as stated in the attached list of crimes.

Summary of Evidence

1. Court statement of the defendant (which is made on the sixth trial date);

1. The third police statement concerning F;

1. Before ruling: Application of criminal records and investigation reports (previous and attachment of judgment) and statutes;

1. Article 19 (2) 3 and Article 8 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and the Selection of Punishment;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act (the provisions of subparagraphs 1 through 3 and the provisions of the Act on the Registration of Credit Business and the Protection of Financial Users which have become final and conclusive) concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (trades between crimes referred to in subparagraphs 1 through 3 on the market);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so ordered as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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