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(영문) 수원지방법원 안양지원 2013.05.02 2013고정283
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in unregistered credit business.

No unregistered credit service provider shall receive interest exceeding 30% per annum on a loan.

Nevertheless, the Defendant entered into a loan agreement with the victim for three million won in the "D" in the operation of the victim C in Ansan-gu, Ansan-gu, Ansan-si, on September 4, 2012, and issued 2.710,000 won after deducting 200,000 won and 90,000 won in advance interest from the victim, and paid 98,000 won in advance to the victim, including principal and interest, and revised the facts charged as above to the extent that it does not interfere with the Defendant's defense

(Investigation Record 7 pages) A loan contract with about 295% per annum is concluded, and 2.650,000 won was delivered by the victim until November 13, 2012.

Accordingly, the Defendant received interest exceeding 30% per annum.

2. The Defendant is a person running a credit business.

Any person who intends to engage in 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

Nevertheless, the Defendant engaged in credit business without being registered as described in Paragraph 1.

Accordingly, the defendant was unregistered credit business.

Summary of Evidence

1. Defendant's legal statement;

1. One internal investigation report (Calculation of interest rates) and investigation report with respect to C;

1. Application of a copy of deposit passbook and a copy of passbook;

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 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, Article 2 (1) of the Interest Limitation Act, 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 of the Criminal Act for the confinement of a workhouse.

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