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(영문) 서울중앙지방법원 2013.10.21 2013고정1939

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant

Punishments against A shall be 7,00,000 won, and penalties against Defendant B and C shall be 3,50,000 won.

Reasons

Punishment of the crime

The Defendants engaged in credit business with the trade name "E" in Mapo-gu Seoul Metropolitan Government D apartment 206 dong 403.

Any person who engages in the above credit business shall register with the head of the competent Gu.

In recent years, where a credit service provider gives a loan to an individual or a small-scale corporation prescribed by Presidential Decree, while running a loan business with a growing number of people who find a lending company due to the aggravation of the loan conditions of sports ties and financial rights, it is not possible for a credit service provider to receive more than the statutory maximum interest rate of 49/100 (4.08% per month), 44/100 (3.66% per month) after 21, 2010, and 39/100 (3.25%) after 27, 2011.

Nevertheless, around December 14:00 on December 201, 201, the Defendants decided to lend KRW 2.5 million from the victim G’s “H” office operated by the victim G in Jung-gu Seoul Metropolitan Government.

With respect to the above loan, the Defendant calculated KRW 2,275,00,000 from KRW 2.5 million to KRW 175,000, and KRW 525,000 from KRW 175,000 to KRW 50,00 per day under the name of 1-day interest and 50,000, and had 50,000 won per day (including prior interest payment date) take place every 60 days.

Accordingly, the Defendants conspired to receive 332.06% interest per annum, including principal, which violates the statutory interest rate limit for 60 days, and receive the principal and interest on a loan from the victim from January 24, 201 to December 27, 2012. The Defendants are running unregistered credit business over 31 times over 24 victims from January 24, 201 to December 30, 201 in the following manner: (Ⅱ) Defendant A, and C’s 24 victims from January 24, 2011 to December 30, 201; (Ⅱ) Defendant A, and B, from November 30, 201 to December 30, 201; and (Ⅱ) Defendant A, and December 30, 2012 to December 27, 2012, received the principal and interest on a loan exceeding 16% per annum 230,500,500,500,000 interest rate per annum.