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(영문) 대전지방법원 2016.04.21 2015고정158

대부업등의등록및금융이용자보호에관한법률위반

Text

Of the facts charged in the instant case, the receipt of excess interest, which is the primary charge.

Reasons

Indictment

1. Receiving interest in excess;

(a) If an unregistered credit service provider grants a loan to the principal charge (or a violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users), interest shall not be collected at a rate exceeding 30% per annum;

On September 11, 2013, the Defendant loaned KRW 3 million to E and F from the Seo-gu Seoul Special Metropolitan City on September 11, 2013 to 1.3% of the due date for repayment, interest for one month, and 13% of the monthly interest, and deducted KRW 3.9 million of the interest. On October 201, 2013, the Defendant lent KRW 3 million to E and F in the front of the Seo-gu Public Health Center located in the Seo-gu Incheon Special Metropolitan City, Seo-gu Special Metropolitan City, with the interest of KRW 13% per month and deducted KRW 3.9.28% per annum.

Accordingly, the Defendant received interest exceeding the interest rate when a unregistered credit service provider lends a loan.

(b) In the case of sub-leases of preliminary facts charged (violation of the Interest Limitation Act), the creditor shall not collect interest exceeding 30% per annum.

On September 11, 2013, the Defendant loaned KRW 3 million to E and F from the Seo-gu Seoul Special Metropolitan City on September 11, 2013 to 1.3% of the due date for repayment, interest for one month, and 13% of the monthly interest, and deducted KRW 3.9 million of the interest. On October 201, 2013, the Defendant lent KRW 3 million to E and F in the front of the Seo-gu Public Health Center located in the Seo-gu Incheon Special Metropolitan City, Seo-gu Special Metropolitan City, with the interest of KRW 13% per month and deducted KRW 3.9.28% per annum.

Accordingly, the defendant received interest exceeding the highest interest rate in the contract on monetary lending and lending.

2. Any person who intends to engage in a loan business without registration shall register for each place of business with the competent authority having jurisdiction over the relevant place of business;

The Defendant, as described in paragraph 1, did not register with the competent authorities, provided E and F with loans of KRW 6 million on two occasions.

Judgment

1. The fact that there is a violation of the Act on the Registration of Side Business and the Protection of Financial Users due to the receipt of excess interest, which is the primary charge.