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(영문) 서울남부지방법원 2020.07.24 2020고단1520

대부업등의등록및금융이용자보호에관한법률위반

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who engages in credit business.

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

Nevertheless, on December 11, 2019, the Defendant, without registering a credit business, lent KRW 100,000 to C in the same manner in a taxi vehicle operated by the Guro-gu Seoul Metropolitan Government large-gu Seoul Metropolitan City large-scale C, by setting the principal and interest on repayment and the total number of repayment once a day after deducting some amount from the fee, etc. from the cafeteria located in the mutual unclaimed restaurant located in Guro-gu Seoul Metropolitan Government. On December 14, 2019, the Defendant loaned KRW 1 million to C in the same manner.

2. Where an unregistered credit service provider makes a loan in violation of the highest interest rate, it shall not collect interest on the interest rate exceeding 24% per annum, which is the highest interest rate provided for in the Interest Limitation Act;

Nevertheless, on December 11, 2019, when the Defendant did not register a credit business, on or around December 11, 2019, loaned KRW 1 million to B, the Defendant received interest of KRW 177% per annum exceeding the statutory interest rate by allowing C to pay KRW 20,000 per day for 60 days, and around December 14, 2019, borrowed KRW 1,000 to C with a prior interest rate of KRW 250% per annum exceeding the statutory interest rate of KRW 65 days, except for KRW 100,000,000 per day.

3. No one, other than credit service providers or credit financial institutions, may place an advertisement for credit business, in violation of the prohibition of advertisement for credit business;

Nevertheless, the Defendant, without registering a credit business on December 28, 2019, at the front street of Guro-gu Seoul Metropolitan Government, “E number of days, predetermined amount of interest reduction, full amount of interest reduction, professional counselor F G, existing 60 days, 100-day loans, existing 80-day loans, 80-day loans, and 87 days.

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