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(영문) 광주지방법원 2015.04.03 2015고정392
대부업등의등록및금융이용자보호에관한법률위반
Text

The sentence against the accused shall be three million won.

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

Reasons

Punishment of the crime

1. The Defendant violated the Act on Registration of Credit Business, etc. and Protection of Financial Users due to Unregistered Credit Business, etc. from August 14, 2013 to May 12, 2014, extended a loan to E, F, G, H, etc. without registration with the competent authority at D cafeteria located in Gwangju Dong-gu, Gwangju, without registering with the competent authority.

2. Around August 14, 2013, the Defendant, who violated the Act on the Registration of Credit Business, etc. and Protection of Financial Users due to a loan exceeding interest rates, agreed to lend KRW 3 million to E from the above D D D D D D D D restaurant to KRW 2.64,00,000 after deducting KRW 3,60,000,000 from the prior interest, and agreed to receive KRW 3,60,000 for every ten days, as indicated in the list of crimes in the attached list of crimes, to lend KRW 1,232,00 over six times, and to receive interest exceeding 30% per annum, the highest interest rate under the Interest Limitation Act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Application of Acts and subordinate statutes in which report on internal investigation is entered;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of each non-registered credit business as indicated in its holding: Comprehensively, Article 19 (1) 1 and the main sentence of Article 3 (1) of the Act on Registration of Credit Business and Protection of Finance Users;

(b) The point of each limited interest rate exceeded: Articles 19(2)3 and 11(1) of the Act on Registration of Credit Business and Protection of Finance Users, collectively, Article 2(1) of the Interest Limitation Act;

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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