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(영문) 인천지방법원 부천지원 2019.01.08 2018고단1837

대부업등의등록및금융이용자보호에관한법률위반

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2018 Highest 1837"

1. Any person who intends to engage in unregistered credit business or loan brokerage business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor or Special Self-Governing Province Governor having jurisdiction over

Nevertheless, the Defendant, without registering with the competent authority on December 9, 2013, lent KRW 5 million to B to an obligor at an infinite or below, and extended KRW 4,50,000,000, which is the remainder after deducting KRW 500,000 from the pre-interest, and loaned KRW 5 million after 10,000, to the above B from September 21, 2017, as shown in attached Table 1 and Table 2, the Defendant engaged in a credit business without a registration by lending KRW 1,765,50,000 in total over 287, as shown in attached Table 1 and Table 2.

2. Where an unregistered credit service provider provides a loan with interest exceeding the interest rate, the maximum interest rate under a contract for lending and borrowing of money shall not exceed 30% per annum from June 30, 2007 to July 14, 2014, and 25% per annum from July 15, 2014 to February 7, 2018.

Nevertheless, around December 9, 2013, the Defendant lent KRW 5 million to B to an obligor at an infinite place, and delivered KRW 4,50,000,000, which is the remainder after deducting KRW 500,000 from the name of the prior interest, and received payment of KRW 5,000,000 per annum 405.6% per annum exceeding the statutory interest rate after ten days, and violated each limitation on the interest rate by lending KRW 1,688,50,000 in total over 277 occasions as shown in attached Table 1 of the crime committed in attached Table 1 from December 21, 2016.

Where an unregistered credit service provider of "2018 Highest 2738" lends a loan, the maximum interest rate under a contract for lending and borrowing of money shall not exceed 25% per annum from July 15, 2014 to February 7, 2018.

Nevertheless, on July 27, 2017, the Defendant lent KRW 10 million to B to the obligor from the influenite-dong, Seocheon-si, Seocheon-si, and deducted KRW 1 million as a prior interest.