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(영문) 대구지방법원 2019.06.13 2019고단1651

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant

A Imprisonment with prison labor for eight months, for eight months, for eight months, and for six months, for Defendant C.

(b).

Reasons

Punishment of the crime

1. A person who intends to engage in Defendant A credit business shall register with the Office having jurisdiction over the pertinent place of business, and if an unregistered credit service provider lends a loan, he/she shall not receive interest in excess of the maximum interest rate of 24% per annum or 25% per annum under the Interest Limitation Act.

Nevertheless, the Defendant, without registering a credit business, intended to lend KRW 7 million to D around May 16, 2017, and paid KRW 6.37 million per annum, excluding KRW 6.3 million as prior interest and commission fees, and received interest at least 348.90% per annum. From that time, until May 3, 2018, the Defendant loaned KRW 5,374,000 in total over 10 times, as shown in attached Table 1 of the List of Offenses Act, and operated unregistered credit business and received interest exceeding the highest interest rate stipulated in the Interest Limitation Act.

2. Defendant B

(a) A person who intends to engage in credit business in violation of the Registration of Credit Business and Protection of Financial Users Act shall register his/her business office with the office having jurisdiction over the relevant business office, and if an unregistered credit service provider lends a loan, he/she shall not receive the interest in excess of 24% per annum or 25% per annum as provided for in the Interest Limitation Act;

Nevertheless, the Defendant, without registering a credit business, intended to lend KRW 10 million to D around September 15, 2017, and paid KRW 9.3 million per annum, excluding KRW 700,000,000 as prior interest and commission fees, and received interest at least 320.10% per annum. From that time, until April 27, 2018, the Defendant loaned KRW 72,450,000 in total six times, such as the attached Table 2, to conduct unregistered credit business and received interest exceeding the maximum interest rate prescribed in the Interest Limitation Act.

B. Violation of the Road Traffic Act (unlicensed Driving) provides that the Defendant did not obtain a driver’s license, and is on G road in front of Ulsan-gun F from the Defendant’s residence located in Ulsan-gu E from July 14, 2018 to 15:00.