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(영문) 의정부지방법원 2015.05.07 2015고정650
대부업등의등록및금융이용자보호에관한법률위반
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

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

Reasons

Punishment of the crime

1. No credit service provider, etc. may allow any other person to engage in credit business or lend its registration certificate to any other person;

Nevertheless, on October 2013, the Defendant at the “C” coffee shop located in Yongsan-gu, Youngdong-gu, Manyang-si, Ilyang-si, Seoyang-si, 2013.

9. around September, 200, a credit business registration certificate (registration number D) registered in his/her name was lent to an unqualified name, and had the above-mentioned person engage in credit business in his/her name from around that time to September 11, 2014.

2. Where a credit service provider lends a loan to an individual or a small corporation prescribed by Presidential Decree, the interest rate shall not exceed the rate prescribed by Presidential Decree within the limit of 40/100 per annum;

Nevertheless, on March 2014, the Defendant, in collusion with the above person with the above person’s name in order to prepare a loan of KRW 600,000,000,000 from a public parking lot near the Home Packer located in Sincheon-si, Seocheon-si, and leased KRW 300,000,000, deducting the prior interest from KRW 300,000,000, and agreed to receive interest for each heat, and thereafter, from around that time, the Defendant thereafter.

7. By September 7, 200, a sum of KRW 2,400,000 was received from the F as interest, thereby exceeding the limitation interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A statement prepared by the F;

1. Application of the Acts and subordinate statutes requesting cooperation with the borrower regarding investigation;

1. Relevant Articles 19 (2) 1, 5-2 (4), 19 (2) 3, and 8 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts and the selection of fines;

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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