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(영문) 제주지방법원 2014.11.28 2014고정810

대부업의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to engage in credit business and loan brokerage business shall file for registration with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan City Mayor, or the Special Self-Governing Province Governor, having jurisdiction over the relevant place of business, for each place of business, and where unregistered credit service providers lend a loan, the interest

1. Unregistered credit business;

A. On March 10, 2009, the Defendant: (a) prepared a certificate of borrowing KRW 10,000,000 with respect to the money loaned to C several times prior to that date; and (b) continued to lend money on the condition that the amount would be received KRW 1,00,000 as interest on every 10th day of the month; and (c) continued to lend money on the condition that the amount would be received KRW 1,00,000

by receiving interest as described in paragraph (1) and operating a credit business without being registered with the Governor of Jeju Special Self-Governing Province;

B. On December 31, 2009, the Defendant lent KRW 3,000,000 to the debtor C on December 31, 2009, on condition that the principal and interest KRW 500,000 is paid after 15 days, and the following sub-paragraph 2 B.

By receiving interest as stated in the same paragraph, credit business was operated without registration.

2. The point of receiving interest exceeding the restriction rate.

A. The Defendant on March 10, 2009 No. 1 A.

From May 10, 2009 to June 14, 2011, the debtor agreed to receive interest on the borrowed amount from C, and received each interest equivalent to 120% of the annual interest rate exceeding 30%, which is the statutory interest rate, by receiving a total of 28 times the interest amount of KRW 25,910,000 from May 10, 2009 to the account in the name of the defendant or his spouse D.

B. The Defendant on December 31, 2009 No. 1-B.

As described in paragraph (1), the debtor lent KRW 3,00,000 to C, and the debtor paid KRW 3,500,000 including interest 50,000 on January 15, 2010, and received KRW 3,500,000 per annum exceeding 30% per annum, which is a statutory interest rate.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a report on investigation (specific interest amount);

1. Criminal facts;

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