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(영문) 서울중앙지방법원 2016.11.23 2016고정3266
대부업등의등록및금융이용자보호에관한법률위반등
Text

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

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

Reasons

Punishment of the crime

[Criminal Power] On May 31, 2016, the Defendant was sentenced to two years of suspended execution in October, 2010 to imprisonment with prison labor for violating the Punishment of Violences, etc. Act (joint attack) at the Seoul Central District Court, and the judgment became final and conclusive on June 8, 2016.

【Criminal Facts】

1. Around 11:40 on May 20, 2016, the Defendant assaulted the victim D (years 56) with the revision department contained in the instant World Cup at “C” located under the first floor of the Seocho-gu Seoul Metropolitan Government B building.

2. A person who intends to engage in credit business or credit brokerage business under the Act on Registration of Credit Business, etc. and Protection of Financial Users shall register with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan City Mayor, or a Special Self-Governing Province Governor, which has jurisdiction over the relevant place of business, and if a unregistered credit service provider, etc

Nevertheless, the Defendant, without registering a credit business on May 13, 2016, lent 2.7 million won from the alleyway to the F hotel located in Gangnam-gu Seoul Metropolitan Government, deducting 300,000 won from the fee of 3.0 million won per day, and borrowed 60,000 won per day on condition that 3.9 million won shall be repaid for 65 days each day (25% per annum) from May 13, 2016 to May 19, 2016 and received interest in excess of the limited interest rate.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement (D);

1. Statement made to D by the police;

1. Cze image data;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

1. Article applicable to the facts constituting an offense, Article 19 (1) 1, Article 3 (1), Article 19 (2) 3, and Article 11 (1) of the Act on the Protection of Financial Users and Protection of Credit Business, etc., Article 2 (1) of the Interest Limitation Act, Article 260 (1) of the Criminal Act, and Selection of fines;

1. The latter part of Article 37 of the Criminal Act and Article 39(1) of the same Act concerning concurrent crimes;

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