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(영문) 서울남부지방법원 2014.01.09 2013고정3847
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Any person who intends to engage in credit business or loan brokerage business shall register with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor or a Special Self-Governing Province Governor having jurisdiction over the relevant place of business, and even if a unregistered credit service provider lends a loan, he/she shall not receive interest

Nevertheless, from June 2012 to December 2012, 2012, the Defendant: (a) produced a street page with the name of “C” and “C” in Seoul Yangcheon-gu Seoul building B; (b) lent KRW 5 million to D who requested a loan by reporting the leaflet distributed around June 2012; and (c) borrowed KRW 60,000 to D who requested a loan; (b) received interest of KRW 136.2% with the repayment period and KRW 100,000 as the repayment period and KRW 136.2% as indicated in the separate crime list; and (c) operated an unregistered credit business, such as lending money to many persons and receiving excess interest, and received interest exceeding the statutory interest rate.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, E, F, and G;

1. A copy of the accusation of the F;

1. Application of Acts and subordinate statutes to certificates of deposit transaction;

1. Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning facts constituting an offense, and Article 19 (1) 1, Article 3 (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, 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 (2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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