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(영문) 대구지방법원 서부지원 2017.12.19 2017고정534

대부업의등록및금융이용자보호에관한법률위반

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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to run a loan business or a loan brokerage business shall register with the competent authorities by place of business;

Nevertheless, the Defendant, without registering with the competent authorities, distributed the name of the advertisement for the loan business from around October 2016 to March 17, 2017 at the Gyeonggi-si Council members, and operated the loan business in such a way as to discuss the terms and conditions of the loan and lend money to those who want to borrow money from the people who want to do so.

2. No one may place an advertisement for loan business run by any person, other than a credit service provider or a credit financial institution, if the person commits a violation of prohibition against advertisement for loan business;

Nevertheless, on March 17, 2017, the Defendant distributed to the competent authorities around 15:20, the name of the loan business advertisement, without registering the loan business, which includes five-minute loans, “C,” etc. using Otoba, the Defendant-owned, Otoba, which is the Defendant, on the front of the Gyeonggi-gu Mandong-gu B.

3. Where a credit service provider, who has not been registered, lends a loan to another credit service provider for violating the interest rate, no interest rate shall be collected at a rate exceeding 25% per annum;

Nevertheless, on February 10, 2017, the Defendant lent KRW 2 million to E at the house of E located in Manan-gu, Sinan-gu, Sinan-gu, Sinan-si, and agreed to pay KRW 65,000,000 per day after deducting KRW 200,000 won from tin and making payment in installments every 65 days every day from E, and correction was made [65 days x 60,000 won x 3,90,00 won per day for 65 days from the next day x 3,00 won, and the calculation of interest rate is also calculated as receiving KRW 2,10,00 (390,00 won - 1.8 million) for 1.8 million per year for 65 days]. The Defendant received interest at the rate of KRW 6555% per annum, such as repayment received.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Evidential documents, such as photographs related to the suspect in violation of loan business, and certificates of loans provided by victims E;

1.Each.