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(영문) 창원지방법원 2012.09.13 2012고정900
대부업등의등록및금융이용자보호에관한법률위반
Text

1. The defendant shall be punished by a fine of six million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

A person who intends to engage in credit business shall register with the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Do Governor, or the Special Self-Governing Province Governor having jurisdiction over the relevant place of business, and the unregistered credit service provider may not receive interest exceeding 30% per annum, notwithstanding that the Defendant is unable to do so, he/she shall operate credit business exceeding the statutory interest rate as in the list of crimes, such as: (a) around 19:00 on October 8, 2008, after receiving an application for a loan of 3 million won from the victim C at the Seongbuk-gu Seoul Special Metropolitan City, Changwon-gu B restaurant; (b) KRW 7.40,00 won per day, deducting 50,00 won per annum from the loan to the victim C; and (c) making a loan to the account at KRW 78,500,000 per day.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement concerning C;

3. Application of the details of the transaction in the name of the victim, copies of a bank account in the name of the victim, details of the transaction in the name of a national bank account in the name of the suspect, details of the transaction in the name of the defendant.

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, Articles 19 (1) 1 and 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;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. All of the circumstances indicated in the instant case, including the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not against the nature of the unregistered credit business, and that the collection of interest collected in excess of the limited interest rate is not substantial. It is so decided as per Disposition on the grounds above.

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