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(영문) 서울동부지방법원 2014.04.25 2014고정497
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant, without registering a credit business with the competent authority on December 2, 2013, operated the credit business by distributing the leaflets of loans from the Hayang-si to the Hayang-si from November 1, 2013 to the Hayang-si, the first half of December 2013, on the condition that the Defendant repaid the principal and interest of KRW 60,000,000 per day to D for 60 days, within the vehicles parked in front of the C cafeteria, which was parked in the front of the C cafeteria, which was located at the Seocho-si, the Defendant, on the condition that the Defendant repaid the principal and interest of KRW 60,000 per day to D, and received interest exceeding the interest rate under the Interest Limitation Act.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each statement of the defendant and D;

1. Application of Acts and subordinate statutes on loan transactions, such as the leaflet, the number of days, the basic structure map, and the standard contract;

1. Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts and Article 19 (1) 1, Article 19 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, Article 19 (2) 3, and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (the fact that an unregistered credit service provider, etc.

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

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the first offender who has no criminal records; (b) his mistake has been pened and reflected in depth; and (c) the period, frequency, and size of unregistered credit business in this case are not much heavy; and (d) the punishment as ordered shall be determined by taking into account all the circumstances constituting the conditions for sentencing.

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