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(영문) 전주지방법원 2013.07.23 2013고단1337
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Criminal facts

1. On June 15, 201, a person who intends to engage in an unregistered credit business is registered with the competent Mayor/Do Governor. However, the Defendant, upon receiving a request from D to lend three million won from D, at the office of “C” located in YY-gu Seoul Special Metropolitan City without registering a credit business with the competent Mayor/Do Governor, the Defendant carried out a credit business in the manner of lending KRW 84,549,80 in total to three million to the above D, including (i) a prior interest rate of KRW 3 million; (ii) a monthly interest rate of KRW 10%; and (iii) a loan of KRW 270,000,000 after deducting three million from the principal as a prior interest rate, from around May 23, 2012.

2. Although the interest rate should not exceed 30% per annum when an unregistered credit service provider, who violated the interest rate limitation, lends 3 million won per annum to the above D as above, the Defendant paid 2.7 million won after deducting 300,000 won per annum from 30,000 won per annum under the name of prior interest, and received 300,000 won per annum from the above D as interest, and received 133% interest per annum from the above D as stated in the list of crimes in the attached list of crimes (Ⅰ), (Ⅱ), and (III).

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D, E, and F;

1. Each investigation report;

1. Application of each loan certificate, cash storage certificate, each deposit transaction statement, each deposit transaction statement, each passbook copy, each sales slip, and each sales slip, and each of the Acts and subordinate statutes governing the return of financial transaction information;

1. Article 19(1)1 and Article 3(1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and the Selection of Punishment (generally, the point of occupation of unregistered credit business and the selection of fines). Article 19(2) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users.

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