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(영문) 서울중앙지방법원 2014.02.10 2013고정6622

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant

A and C shall be punished by a fine of 3,000,000 won, and Defendant B shall be punished by a fine of 2,000,000 won.

The defendants are the defendants.

Reasons

Punishment of the crime

Where unregistered credit service providers make a loan, the interest rate shall not exceed 30/100 per annum, which is the maximum legal interest rate.

1. On October 6, 2010, Defendant A loaned 2 million won to Defendant D within the coffee shop in Gangnam-gu Seoul, Seoul, through lending 2,00,000 won to Defendant D, and actually paid 1,477,00 won after deducting 4,000 won as a prior interest, and then paid interest of 60,000 won per day on the condition that the principal and interest of 60,000 won per day was paid for 40 days thereafter.

In addition, the Defendant received interest exceeding the statutory maximum interest rate on five occasions in total, such as the attached list of crimes (III).

2. Any person who intends to operate a credit business under Defendant B shall register with the competent authorities.

around April 2, 2012, the Defendant loaned KRW 3 million to D to the obligor within the coffee shop in Gangnam-gu Seoul, Seoul, and actually paid KRW 500,000 as a prior interest, after deducting KRW 500,000,000,000 each day on a condition that 50,000 won was paid every day for 60 days thereafter, and received interest at 225.69% per annum.

In addition, the Defendant did not register with the competent authority four times in total as shown in the attached list of crimes (Ⅳ), and operated credit business, and received interest exceeding the maximum legal interest rate.

3. Defendant C

A. On August 31, 2012, around 18:00, the Defendant loaned KRW 3,50,000 to F at the home of the Gangnam-gu Seoul E and 401 debtor F, and deducted KRW 3,50,000 as a prior interest, and actually paid KRW 2,650,000,000 on a daily basis, and received interest at KRW 324.69% per annum on a daily basis for 72 days thereafter.

B. The Defendant, around 18:00 on September 27, 2012, loaned KRW 2 million to D within the Defendant’s GMW car parked in the vicinity of the Chungcheongnam-dong, Gangnam-gu, Seoul, to the obligor in the GMW car, and is an interest of KRW 40,00 and KRW 40,00 as a fee (2%).