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(영문) 수원지방법원 안산지원 2015.12.02 2015고단2132

대부업등의등록및금융이용자보호에관한법률위반

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Defendants shall be punished by a fine of KRW 7,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

1. The Defendants’ co-principal Defendant A is a person who operates a lending company without any trade name in heading D 405, Nam-gu, Incheon, and Defendant B is an employee who performs the duty of interest collection in the lending company.

Any person who intends to operate a credit business shall register with the competent authority for each business office, and if an unregistered credit service provider lends a loan, the interest rate shall not exceed 25 percent per annum.

Nevertheless, Defendants:

A. A. Around December 30, 2014, from the office of “G” for the operation of the EF located in Ansan-si, Ansan-si, by lending KRW 40 million from F to F, and in fact, deducting KRW 4 million under the name of the prior interest, 36 million shall be offered by actually lending KRW 4 million, and 4 million shall be paid interest at an annual interest rate of KRW 7 million for every seven days corresponding to the interest rate of 578.7%, and around January 5, 2014; KRW 4 million around December 12, 2014; KRW 4 million around the same month; KRW 4 million around the same month; KRW 4 million around the same month; KRW 23 million around the same month; KRW 4 million around the same month; and KRW 4 million around the 29.29 million around the same month; and the same year.

2. Around April 1, 200, KRW 4 million, KRW 4 million around the 10th day of the same month, and KRW 4 million around the 16th day of the same month respectively.

B. On February 1, 2015, F was lent KRW 20 million to F at the same place as F on February 2, 2015, with the deduction of KRW 2 million under the name of prior interest, actually lending KRW 18 million by borrowing KRW 18 million per annum, and at the interest rate of KRW 2 million per seven days equivalent to the interest rate of KRW 578.7% per annum, and the same year;

2. Around April 1, 200, KRW 2 million around the 10th of the same month, KRW 2 million around the 16th of the same month, and KRW 2 million around the 16th of the same month, respectively.

(c) Lending KRW 40 million to F at the same place on February 17, 2015 at the same time, with the deduction of KRW 4 million under the name of the prior interest, actually lending KRW 36 million, and at the same time, at the rate of KRW 4 million per seven days corresponding to the interest rate of KRW 578.7% per annum, and at the rate of KRW 2 million on March 30, 2015, the same year;

4.2.Around 2.0 million won received interest.

As a result, the Defendants conspired to engage in credit business without registering with the competent authorities, and made loans to individuals, and received interest exceeding 25% per annum.

2. Defendant B’s debt collector.