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(영문) 광주지방법원 2017.11.30 2017고정1540

대부업등의등록및금융이용자보호에관한법률위반

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. A person who intends to engage in a loan business by Defendant A shall register with the competent authority having jurisdiction over the relevant place of business, and where an unregistered credit service provider grants a loan, the interest rate shall not exceed 25% per annum, and where a registered credit service provider grants a loan, the interest rate shall not exceed 27.9% per annum;

A. The Defendant, without registering his/her lending business to the competent authorities on June 27, 2016, lent KRW 8.8 million to E from the French land to around August 26, 2016, and received KRW 12 million as principal and interest for 59 days (224% per annum) from August 26, 2016 (hereinafter “the annual interest rate”) and received interest in violation of the restriction on the interest rate.

B. On November 3, 2016, the Defendant registered a loan business, and received a loan of KRW 4.8 million from November 25, 2016 to November 30, 2016, from November 25, 2016 to November 30, 2016, and received a delivery of KRW 5.55 million per annum and received a payment of interest rate of KRW 318% per annum and received a payment of interest in violation of the restriction on the interest rate.

2. Defendant B and unregistered loan broker shall not receive brokerage fees in connection with loan brokerage, regardless of their titles, such as commission, honorarium, or advance payment, from the transaction partner who receives the loan.

Nevertheless, the Defendant was paid KRW 300,000,000 to the Defendant’s account in the name of the Defendant on January 5, 2015, under the condition that he received brokerage commission in return for acting as a broker for the lending company and receiving a loan from the lending company, and received KRW 300,000 from the lending company to E on January 5, 2015.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to E and F;

1. A description of each transaction of agricultural deposits, and the transaction details by the period of receipt by one bank;