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(영문) 서울중앙지방법원 2014.11.06 2013고정5254
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, without registering with the competent authority on June 12, 2012, lent KRW 20 million to D in Gwanak-gu in Seoul Special Metropolitan City, and KRW 26 million in total, around the 25th day of the same month, to D at the interest rate of 121.6% per annum for two months in total.

Accordingly, the defendant operated unregistered credit business and exceeded the limit interest rate.

Summary of Evidence

1. Protocol of examination of the witness of this court concerning D;

1. Part concerning D's statement in the second interrogation protocol of the defendant against the police;

1. Statement made to D by the police;

1. A complaint;

1. Investigative reports (related to calculating the interest rate);

1. Application of Acts and subordinate statutes to a certified copy of a monetary loan for consumption;

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, Article 19 (1) 1 of the Act on the Registration of Unregistered Credit Business, etc. and Protection of Finance Users, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Selection of fines;

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

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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