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(영문) 수원지방법원 안산지원 2014.09.04 2014고정896
대부업의등록및금융이용자보호에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Any person who intends to operate unregistered credit business shall register with the competent authority of the relevant place of business;

Nevertheless, the Defendant, from November 18, 2010 to March 201, 201, carried out a credit business for lending money without registration at the D branch located in Ansan-gu, Ansan-si C, Ansan-si.

2. Where a credit service provider who has not registered its loan in violation of an interest rate makes a loan, it shall not receive interest exceeding the interest rate of 30% per annum;

Nevertheless, the Defendant loaned 2.6 million won to E on November 18, 2010, and agreed to receive interest at an interest rate of 180% per annum exceeding the statutory interest rate under the condition that he would be paid three million won after the month, and received interest at an interest rate of 180% per annum by receiving the interest from the aforementioned temporary holiday in a manner that deducts the interest of 4 million won.

From that time to December 14, 2010, the Defendant loaned money to E and F on eight occasions as shown in the annexed crime list, and agreed to receive interest exceeding the statutory interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes on the details of loan repayment, the certificate of loan and transaction of passbook;

1. Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, Article 19 (2) 3, and Article 11 (1) of the Act on 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 (the point of receiving interest exceeding the rate of restriction), and selection

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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