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(영문) 서울북부지방법원 2013.11.21 2013고정2306
대부업등의등록및금융이용자보호에관한법률위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Any person who intends to operate a credit business shall register with the Mayor/Do governor, and when an unregistered credit service provider lends a loan, the amount may not exceed 39/100 per annum, which is the rate prescribed by the Presidential Decree.

Nevertheless, the Defendant loaned 5,00,000 won to F in the second Eda of the second floor, next to the D Pharmacy located in Jongno-gu Seoul Metropolitan Government on January 2013, 2013, and operated unregistered credit business by receiving interest from the Mayor/Do governor without being registered with the Mayor/Do governor and receiving interest exceeding the interest rate prescribed by the Presidential Decree for 90 days due to repayment conditions of 10,000 per day interest rate of 225.7% per day.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The police statement concerning F;

1. Investigation reports (Binding of statements of transactions with interest payment);

1. Application of statutes, such as a certificate of cash custody;

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

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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