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(영문) 수원지방법원 성남지원 2013.06.14 2013고정886
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant for a credit business without registration did not register with the competent administrative agency, and run a credit business by lending money to B from November 29, 201 to February 13, 2012, as described in the following 2.

2. Receiving interest in excess of the interest rate;

A. On November 29, 201, around 21:00, the Defendant loaned 4.4 million won to B at the coffee shop located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-si, after deducting 600,000 won of the first ten days’ advance payment, and agreed to receive a total of 6 million won including 1 million won interest for 100 days’ advance payment, and received interest exceeding the restricted interest rate by receiving 60,000 won per day from B.

B. On February 13, 2012, around 20:00, the Defendant loaned 4,400,000 won, deducting 600,000 won from 5 million won to 10-day advance payment from 5,000 won to 4,40,000 won, and agreed to receive a total of 6,00,000 won including 1 million won interest per day from 1,00,000 won, and received interest exceeding the restricted interest rate by receiving 60,000 won per day from B.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to a suspect's account transaction statement);

1. Article 19 (1) 1, Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts and Article 19 (1) 1, Article 3 (1) 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 (the point of receiving interest in excess of the interest rate,

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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