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Reasons
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(영문) 의정부지방법원 고양지원 2013.06.20 2013고정422
대부업등의등록및금융이용자보호에관한법률위반
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On July 20, 201, the Defendant had registered with the competent authority to engage in credit business. However, the Defendant agreed to pay KRW 26,00,000 in cash to D for 10 days without registering the credit business with the competent authority for 100 days and agreed to receive KRW 26,000 in a daily repayment of the principal and interest each day by receiving the principal and interest amount of KRW 2,60,000 in the form of equal principal and interest payment for the number of days under the agreement and agreed to receive KRW 2,60,000, as well as the unregistered credit business act in the form of equal repayment of principal and interest by receiving the principal and interest amount of KRW 24 times from July 20, 2011 to June 26, 2012, and received KRW 7,600,000 in face value and KRW 21,000 in the name of monthly and KRW 31 times in the form of equal principal and interest payment.

2. Notwithstanding the fact that an unregistered credit service provider is unable to borrow a loan exceeding 30% per annum pursuant to the Interest Limitation Act, the Defendant borrowed 2,00,000 won in cash from D at the date and place specified in paragraph (1), and entered into a loan agreement with D in the form of equal repayment for 100 days in total, the sum of the principal amount of KRW 20,000 and interest of KRW 6,000,000 from that date and at that place. The Defendant received KRW 600,000 from July 20, 201 to June 26, 2012 in excess of the statutory interest rate of KRW 30,000,000 for 100,000 per annum.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. A copy of a note;

1. Application of Acts and subordinate statutes to copies of cash custody certificates;

1. Article 19(1)1 and Article 3(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and Article 19(1)1 of the same Act, Article 19 of the Act on Registration of Credit Business, etc. and Protection of Finance Users.

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