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(영문) 광주지방법원 목포지원 2013.05.30 2013고정163
대부업등의등록및금융이용자보호에관한법률위반
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On January 19, 201, the Defendant lent 3 million won to D without registering with the competent authorities at the law firm C Office located in Simpo-si B. From that time, the Defendant received interest equivalent to 120% per annum by receiving 300,000 won as interest every month until February 12, 2012.

Accordingly, the Defendant, without registering, received interest exceeding the statutory interest rate while running a credit business.

2. On February 13, 2012, the Defendant registered a credit business with the trade name “E” and received interest equivalent to 120% per annum from D as stated in paragraph (1) from June 25, 2012 to June 25, 2012.

Accordingly, the defendant received interest exceeding the statutory interest rate.

Summary of Evidence

Application of Acts and subordinate statutes on the defendant's legal statement, police statement of D, notarial deed, and account transaction details;

1. Relevant statutory provisions on criminal facts: Unregistered credit business for which a fine is not chosen: Registration of credit business, etc. and receipt of a fine in excess of the restrictive interest rates by unregistered credit service providers under Articles 19 (1) 1 and 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users: Article 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users: Acceptance of a fine in excess of the limited interest rates by registered credit service providers under Articles 19 (2) 3 and 19 (2)

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

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

4. Article 334 (1) of the Criminal Procedure Act.

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