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(영문) 춘천지방법원 강릉지원 2013.11.21 2013고단718
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding twenty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Any person who intends to operate a credit business without registration shall register the credit business with the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors or Special Self-Governing Province Governors having jurisdiction over the relevant place of business by place of business;

The Defendant, without registering credit business on December 22, 201, at the 103 D Apartment 103 parking lots located in Gangnam-si, Gangnam-si, around December 22, 201, offered KRW 70,000,000 on condition that E shall be repaid in 30,000 won as principal and interest every day for 60 days, and loaned KRW 1,430,000 from June 201 to April 201, and provided non-registered credit business by lending KRW 263,670,000 in total over 104 times as shown in the attached crime list.

2. Where an unregistered credit service provider, who runs a credit business without registering the receipt of interest exceeding the interest rate, lends a loan, the interest rate shall not exceed the interest rate prescribed by Presidential Decree (30 per annum) within the maximum of 40 percent (30 percent per annum from October 26, 201) per annum, which is the maximum interest rate stipulated in Article 2(1) of the Interest Limitation Act on the lending and borrowing of money stipulated in Article 2(1) of the said Act.

The Defendant, without registering credit business on December 22, 201, lent 1430,00 won to E at the 103 parking lots of D apartment located in Gangnam-si, Gangnam-si, and received interest at a rate exceeding 287.5% of the annual interest rate by receiving 30,000 won as principal and interest every day for 60 days, and received interest at a rate exceeding the statutory interest rate of 287.5% from June 201 to April 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A list of transactions;

1. Mebato;

1. Application of Acts and subordinate statutes to investigation reports (calculated interest rates);

1. Registration of facts constituting an offense, and registration of credit business, etc., under Articles 19(1)1, 3, and 19(3) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (the fact that an unregistered credit business is occupied, inclusive, and both imprisonment and fines), and credit business.

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