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(영문) 대전지방법원 논산지원 2013.07.02 2012고정184

대부업등의등록및금융이용자보호에관한법률위반

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The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of the facts charged

A. A person who intends to engage in unregistered credit business shall register with the competent administrative agency having jurisdiction over the relevant place of business, but the Defendant lent KRW 2 million to E from the “D cafeteria” located in Seosan-si on January 31, 201 without registering the credit business to the competent administrative agency, and delivered KRW 1.9 million interest and KRW 1.9 million interest. From around 2010 to March 30, 201, the Defendant loaned KRW 2,450,000 to four persons, such as E, including the list of crimes (1) as shown in the separate list of crimes (1).

B. Although an unregistered credit service provider does not receive interest exceeding the interest rate of 30% per annum as stipulated in the Interest Limitation Act in the event that a loan is made by an unregistered credit service provider, the Defendant loaned KRW 2 million to E from the “Dcafeteria” located in Seosan-si around 11:00 on January 31, 201, and entered into a loan agreement with the content of lending KRW 2 million at the rate of 1.20% per annum per annum between E and each month, and received KRW 100,000 from September 9, 2010 to August 2, 2011, and received interest of KRW 2.5 million per annum from E and F from around 30% per annum as stated in the attached list of crimes (2).

2. Determination

A. Article 2 Subparag. 1 of the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”) provides that “The term “credit business” means a business of lending money (including the delivery of money by bill discount, transfer of security, or any other similar means; hereinafter “loan”) or a business of collecting claims arising from a loan agreement from a person who has registered his/her credit business pursuant to Article 3 (hereinafter “credit business entity”) or a credit financial institution, by taking over claims arising from the loan agreement and collecting them.”

Here, the term “business” means continuing to repeat the same act, and whether it falls under this.