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(영문) 대전지방법원 논산지원 2013.07.02 2013고정72
대부업등의등록및금융이용자보호에관한법률위반
Text

1. Defendant shall be punished by a fine of KRW 7,000,000;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

1. A person who intends to engage in unregistered credit business is registered with the administrative agency having jurisdiction over the pertinent place of business. However, the Defendant loaned KRW 20,000,000 to C at one of the members of the Seoul Special Self-Governing Province of Chungcheongnam-gun at an annual interest rate of 60% on September 6, 2010 without registering the credit business to the administrative agency having jurisdiction over the pertinent place of business, and the Defendant extended KRW 335,568,500 to seven persons over a total amount of 94 times from around that time to October 12, 2012, as indicated in the separate list of crimes in attached Table 1.

2. Although a unregistered credit service provider does not receive interest exceeding the interest rate of 30% per annum as stipulated in the Interest Limitation Act in the event that a loan is made by an unregistered credit service provider, the Defendant received 60% interest rate of 2,00,000 won per annum from C around September 7, 2010 and received interest from C in excess of the interest rate of 29 times from around that time until January 29, 2012, including the amount of interest of 20,000,000 won per annum.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police officer in relation to E, F, C, D, G, and H;

1. Application of the respective Acts and subordinate statutes to report internal investigation (registration status of credit business), each financial information, each investigation report (registration status of credit business), and each of the Acts and subordinate statutes stated therein (registration number 717, 721, 72, 835, 876, 1208);

1. Article 19 (1) 1 and Article 3 of the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereafter referred to as "unregistered credit business, including, but not limited to, the occupation of fines) concerning facts constituting an offense and Article 19 (2) 3 and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereafter referred to as "the fact of receiving interest exceeding the interest rate, 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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