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(영문) 대전지방법원 서산지원 2013.05.02 2012고단946
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to operate a credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor having jurisdiction over the relevant place of business;

Nevertheless, on January 9, 2008, the Defendant, without registering a credit business, lent KRW 70 million to F at the E office in front of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do and received KRW 3.5 million per interest month from the same day to July 201, and run a credit business that extended a total of KRW 729,50 million to seven persons on a total of 12 occasions from the same day, as indicated in the attached crime list (1).

2. Where an unregistered credit service provider grants a loan to an individual, it shall not collect interest for the loan in excess of 49% (30% per annum from January 21, 2009) per annum;

Nevertheless, on January 9, 2008, the Defendant loaned F KRW 70 million from the E office in front of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, to F, and received monthly interest rate of KRW 3.5 million or KRW 2.5 million or KRW 2.5 million per annum for five months, and violated the restriction on the interest rate, and received the interest by violating the restriction on the interest rate by violating the restriction on the interest rate over 16 times in total, as shown in the attached list of crimes (2) from the same day to the early police officer from July 2011 from the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about G, H, I, and F;

1. Records of seizure and the list;

1. Each account book, passbook, a copy of a loan certificate, each promissory note, a copy of a note, a certificate of transactions by member account, and details of passbook transactions;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 19 (1) 1, Article 3 (1) (limited to unregistered credit business, comprehensive credit business), and Article 19 (2) 3 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning facts constituting an offense (limited to the interest rate exceeding the interest rate, comprehensive credit business);

1. Selection of selective fine (to take the following into account the grounds for sentencing):

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 defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act.

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