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(영문) 수원지방법원 안산지원 2017.06.16 2017고정510
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Registration of Substitute Business, etc. and the Protection of Financial Users due to the Business without Registration, and the Defendant, a person who intends to engage in loan business, was registered with the competent authority having jurisdiction over the pertinent place of business, despite the fact that he/she had been registered with the competent authority having jurisdiction over the pertinent place of business from April 26, 2016 to August 2016, while he/she was working for lending money without registration with the competent authority, he/she lent KRW 2 million each of the trade names located in Jongno-gu Seoul Metropolitan Government Body-dong around April 26, 2016 and June 14, 2016 to B.

2. The Defendant violated the Act on the Registration of Large-Scale Side Business, etc. and the Protection of Financial Users due to the Violation of Interest Rate Restrictions: (a) the Defendant did not exceed 25% per annum, which is the interest rate prescribed by the Act on the Restriction of Interest when a unregistered credit service provider grants a loan to B; (b) however, on April 26, 2016, borrowed a loan of KRW 2 million to B, 200,000,000,000 per annum, deducting KRW 1,90,000 from KRW 1,00,000 per annum; and (c) violated the interest rate limitation at 363.8% per annum by receiving interest rate per

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made B by the police;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a detailed statement of account transactions under suspect's name);

1. Article 19(1)1, Article 3(1) of the Act on the Protection of Financial Users and Registration of Preliminary Loan Business, etc., for criminal facts, and Articles 19(2)3 and 11(1) of the Act on the Registration of Loan Business, Etc., and Articles 19(2)3 and 11(1) of the Act on the Protection of Financial Users, each of them shall be punished by a fine;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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