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(영문) 부산지방법원 2014.06.12 2013고정6212
대부업등의등록및금융이용자보호에관한법률위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

A person who intends to engage in credit business shall register with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan City Mayor, or a Special Self-Governing Province Governor having jurisdiction over the relevant place of business, and if an unregistered credit service provider lends a loan, he/she shall

Nevertheless, the Defendant, without registering a credit business with the competent authority on September 10, 201, lent KRW 3,000,000 to D from the fireworks of D’s operation located in Busan-gu, Busan-do to D, and agreed at the loan interest rate of KRW 170% per annum. The Defendant, from around that time to March 11, 201, lent KRW 32,980,000 to the debtor D and E for eight times as shown in the separate crime list, and entered into a loan agreement with the loan interest rate of KRW 108 to 170% per annum, and received interest.

Accordingly, the Defendant, as seen above, did not register with the competent administrative agency, conducted credit business, and received interest exceeding the interest rate under the law.

Summary of Evidence

1. Court statement of the defendant (which is made on the fifth trial date);

1. Police suspect interrogation protocol of the accused (including the attached data, such as the loan certificate);

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to transaction data), investigation report (Calculation of interest rate);

1. Article 19(2)3 and Article 11(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (Amended by Act No. 11544, Dec. 11, 2012); Article 19(1)1 and Article 3(1) of the former Act on Registration of Credit Business, etc. and Protection of Finance Users (Amended by Act No. 11544, Dec. 11, 2012); Articles 19(1)1 and 3(1) of the former Act on Registration of Credit Business, etc. and Protection of Finance Users (Amended by Act No. 11544, Dec. 11, 2012); and 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 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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