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(영문) 서울남부지방법원 2014.02.12 2014고정168
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to engage in unregistered credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor or Special Self-Governing Province Governor who has jurisdiction over the relevant place of business;

The Defendant, without registering with the competent Mayor on February 21, 2012, operated credit business by lending money of three million won from the beginning of December 2, 2011 to December 28, 2012, under the same conditions as indicated in the attached list of crimes, from the beginning of December 201 to December 28, 2012, without registering with the competent Mayor.

2. Where an unregistered credit service provider lends a loan to any unregistered credit service provider, the excess of the interest rate shall not exceed 30% per annum pursuant to the Interest Limitation Act.

Nevertheless, the Defendant, while running de facto credit business as above, loaned KRW 3 million to B from the French land around February 21, 2012 to around September 21, 201, and received KRW 400,000 per annum in return for repayment of the principal and interest of KRW 600,000 per annum, and received KRW 115% interest per annum from the beginning of December 201 to December 28, 2012, and received interest at an interest rate exceeding 30% per annum while lending money to eight persons, such as in the list of crimes in attached Table, on 22 occasions.

Summary of Evidence

1. The defendant's legal statement to the effect that there is interest received by lending money as stated in the judgment;

1. Each police statement of C or D;

1. Report on internal investigation (related to attachment of bankbooks) and application of Acts and subordinate statutes to investigation report (related to interest rate calculation);

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 and Protection of Finance Users, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business and Protection of Finance Users, and Selection of fines;

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

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