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(영문) 수원지방법원 2014.05.21 2014고정657
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. Any person who runs an unregistered credit business shall register with the competent administrative agency having jurisdiction over the relevant business office;

Nevertheless, from the end of June 2013 to December 2, 2013, the Defendant engaged in a credit business under the trade name, namely, “C” in the wife population B apartment 104 Dong 1403, which is the wife population B apartment 104 Dong 1403.

2. Where a unregistered credit service provider grants a loan in violation of the interest rate limitation, the annual interest rate shall not exceed 30% per annum.

On August 2013, the Defendant loaned the victim D with a total of KRW 1.3 million including interest of KRW 3 million for 65 days, to the victim D with a total of KRW 20,000 won per day, and received interest exceeding the statutory interest rate by 304.9% per annum.

B. On November 2013, 2013, the Defendant loaned 2.6 million won to the Victim E with a total of KRW 40,000,000,000 including interest of KRW 6 million for 65 days per day, and received interest exceeding the statutory interest rate by receiving 304.9% per annum.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each certificate of the personal seal impression, each letter, standard contract for loan transactions, each proxy contract, each letter of assignment of claims, each notice of debt transfer, loan certificate, debt repayment and comprehensive agreement for transaction, claim transfer and takeover contract, investigation report (related to telephone calls of the debtor), investigation report (Calculation of interest rate for days lent by

1. Relevant Article on criminal facts, Article 19 (1) 1 and Article 3 of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 19 (2) 3 and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Selection of fines, respectively;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant exceeds the principal against the debtor.

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