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(영문) 수원지방법원 성남지원 2014.08.13 2012고정1527
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Any person who intends to engage in credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor who has jurisdiction over

Nevertheless, the Defendant, without registering a credit business, made a loan to unspecified multiple debtors living in Sung-nam city from early 201, and received interest, etc. in excess of the statutory interest rate, without registering the credit business.

2. On May 27, 2011, the Defendant loaned KRW 3 million to D in the foregoing manner in the Gyeonggi-si, Gwangju-si, and agreed to receive interest of KRW 1.55 million per month, after deducting KRW 1.5 million as a prior interest.

Accordingly, the Defendant, while making a loan to an individual, received interest at a rate of 64.04% per annum exceeding 30% per annum.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of E, F, and G;

1. Statement of D police statement;

1. Each report on investigation;

1. Application of the statutes as a result of fact inquiry;

1. Article 19 (1) 1, Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts and Article 19 (1) 1, Article 3 (1) of the Act on Registration of Credit Business and Protection of Finance Users, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business and Protection of Finance Users, and Article 2 (1) of the Interest Limitation Act: Selection of each fine;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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