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(영문) 인천지방법원 2014.11.21 2014고정3523
대부업등의등록및금융이용자보호에관한법률위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person who intends to engage in credit business shall file for registration with the Special Metropolitan City Mayor, Metropolitan City Mayors, or Do Governors having jurisdiction over the relevant place of business.

Nevertheless, the Defendant engaged in unregistered credit business three times as follows.

1. On June 4, 2013, at around 12:00, the Defendant lent KRW 3 million to B from the French coffee specialty store near Bupyeong-dong, Incheon Bupyeong-gu, and deducted KRW 3,60,000,000 from the number of days, the Defendant agreed to receive KRW 180,000 from April-6-6-6-day to receive KRW 3,240,000, and received interest at 161.66% per annum.

2. On September 30, 2013, at around 12:00, the Defendant lent KRW 4 million to B from the French coffee specialty near the Bupyeong-gu Incheon Bupyeong-gu, Incheon, by the number of days, deducted KRW 4,80,000, and made 2,400,000 to receive reimbursement of KRW 4,320,000 during the 95-day period, and received interest at KRW 161.66% per annum.

3. On January 2, 2014, around 13:00 and around the Bupyeong-gu, Incheon, Bupyeong-gu, by lending KRW 3,60,000 to B in the number of days, deducted KRW 3,000,000 from the coffee specialty store near the Bupyeong-gu, Incheon, and by deducting KRW 3,000,000 from the number of days, making 1,260,000 to receive reimbursement for KRW 3-159, and then receiving interest for 1,260,000 annually.

Accordingly, the Defendant received interest exceeding the statutory interest rate through three times as above.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of an assignment notice of claims, a detailed statement of loan transaction, a detailed statement of passbook transaction, interest calculation table, each transaction standard contract, and a certified copy of notarial deed;

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;

1. Aggravation for concurrent crimes;

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