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(영문) 의정부지방법원 2018.12.20 2018고정1459
대부업등의등록및금융이용자보호에관한법률위반
Text

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

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

Reasons

Punishment of the crime

A person who intends to engage in a loan business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business, and where a credit service provider grants a loan, it shall not exceed 25% per annum from July 15, 2014 to February 7, 2018, and shall not exceed 24% per annum from February 8, 2018.

On October 2017, the Defendant loaned KRW 1,00,000 to the victim B without registering the loan business at a sub-speak-si (hereinafter referred to as the "sub-speak-si") and deducted KRW 50,000 per annum 268.33% per annum on the condition that KRW 25,000 per day be repaid for 65 days each day after deducting KRW 50,000,000 per annum. From that time, the Defendant loaned KRW 42,50,000 in total over 21 times by the same method as in the list of crimes in the attached Form (3) from February 2018, and the court loaned more than self-regulation.

Summary of Evidence

1. Statement by the defendant in court;

1. Details on the commencement of an investigation intelligence report, report on internal investigation, statement statement, internal investigation report (in the name of an informant, review of an informant's account, review of the contents of text messages, court's autonomous calculation, CCTV internal investigation, internal investigation on a vehicle using the name or wound of the person suspected, additional victim's statement, and specification of the identity of the person suspected of being suspected), C Motor Vehicle Register, C's License Register, C's Identity Register, C's new data, account name information, suspect A, and suspect D account;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant legal provisions of the relevant Act concerning criminal facts, registration of the selective loan business, etc. of punishment, and Article 19(1)1, Article 3(1) of the Act on the Protection of Financial Users (referring to the occupation of unregistered loan business, including the occupation of unregistered loan business), registration of each loan business, etc., and Articles 19(2)3 and 11(1) of the Act on the Protection of Financial Users (the occupation of receiving interest exceeding the interest rate), and selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is examined, and the defendant is the case.

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