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(영문) 대전지방법원 천안지원 2013.07.26 2012고단1738

대부업등의등록및금융이용자보호에관한법률위반등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Any person who intends to engage in credit business, in violation of the Registration of Credit Business, etc. and Protection of Financial Users Act, shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor, which has jurisdiction over the relevant place of business, and the interest rate shall not exceed 30/100 of the loan interest rate

Nevertheless, on July 18, 201, the Defendant, without registering the above credit business, lent KRW 20,000,000 to the victim E at a restaurant located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Incheon, and received interest exceeding the limit rate by lending KRW 135,00,000 for a total amount of ten times from the time to February 29, 201, by collecting interest of KRW 110 to 40% per annum of the total amount of 10,000 per annum.

2. Around July 13, 2011, the Defendant received 300 million won loan claims from F from F to E, and received 20 million won per month from E to pay interest on the above claim. On March 2012, E delayed payment of interest due to the business shortage in the “D” restaurant run by E, and E delayed payment of interest, the Defendant shall seize and collect claims for refund of lease deposit claims, etc. which E holds against the owner of the above restaurant due to the cause of the total of KRW 50 million interest on the principal of the above claim and the interest on the two-month interest thereon. However, the Defendant shall prepare a certificate of borrowing, etc. in the name of the victim in order to conceal the fact that the above interest rate of KRW 50 million exceeds the interest rate of 80% per annum agreed under the law as above.