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(영문) 창원지방법원 2012.11.15 2012고단1540

대부업등의등록및금융이용자보호에관한법률위반

Text

1. Defendant A

(a) The defendant shall be punished by imprisonment for six months;

(b)Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[2012 Highest 1540]

1. The Defendant: (a) from around November 10, 209, the person running a lending business with the trade name “G” in the name of the wife F from around 809 of the building E in Changwon-si; and (b) where a credit service provider lends a loan to an individual, etc., the interest rate shall not exceed the rate prescribed by Presidential Decree within the limit of 50/100 per annum (49% per annum before July 21, 201, and 44% per annum before June 27, 201, and 39% per annum after June 27, 2011).

The Defendant lent KRW 5 million to the victim H on May 24, 2010, and delivered KRW 2.610,000 to the victim on May 15:30, 201, KRW 5 million to the victim on July 16, 201, KRW 2.610,000 after deducting KRW 3,90,000,000 from the prior interest rate, KRW 3.90,000,000,000 for each ten days, and KRW 1,90,000,000,000 is deducted from the prior interest rate, and KRW 1,000,000 is repaid at intervals of one month, as shown in the list of crimes in the attached Table (1). By July 16, 2011, the Defendant received interest in excess of KRW 49,44,39% per annum, which is the legal interest rate.

B. The Defendant, at around 14:30 on August 24, 2010, lent 2 million won to the victim in an officetel under the preceding paragraph, and delivered 1.7 billion won after deducting 2.6 million won from the advance interest, and received interest 2.60 thousand won at intervals of seven days from the date of delivery, etc. as indicated in the attached Table of Crimes (2) by the Defendant, as indicated in the following: (a) by September 16, 201, he/she received interest exceeding 44% per annum and 39% per annum.

C. On June 25, 201, the Defendant loaned KRW 10 million to the victim from the above “G office” at around 14:30 on June 25, 201, and granted KRW 9.625,000,000 after deducting KRW 375,000 from the prior interest, and received interest exceeding 44% per annum, which is the statutory interest rate, at intervals of seven days after receiving reimbursement of KRW 370,000 from the principal and interest.

2. Defendant B’s credit business or loan brokerage business shall be registered with the competent authority having jurisdiction over the pertinent business office, and the unregistered credit service provider shall have 39% per annum.