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(영문) 대구지방법원 포항지원 2014.04.03 2014고단98

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. The Defendant in violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users is a person who operates a loan office without any trade name in accordance with subparagraph 101 of the remaining-gu C Studio 101 at the port of distribution.

A person who intends to engage in a credit business without registration shall be registered with the competent authority, but the defendant, without being registered with the competent authority, lent KRW 9,000,00 to Finance Users D on January 4, 2013 without an agreement to lend the lending period of KRW 99,000,00 for prior interest and fees, and then granted a loan by means of being repaid KRW 9,000 for the interest of KRW 9,00 for the following month from that time to January 6, 2014, as shown in attached Table 1, loans KRW 30,6530,000 (actual subsidies 3,2870,00) for 30 times in total as shown in attached Table 1.

Accordingly, the Defendant, without registering, engaged in credit business.

(b) No unregistered credit service provider shall receive interest exceeding 30% of the annual interest rate.

Nevertheless, on April 21, 2010, the Defendant loaned 275,000 won to Finance Users D without a lending period of 275,000 won to the above lending office without a lending period of 25,000 won, and received the principal and interest by applying the annual interest rate of 120% exceeding the statutory interest rate after lending 250,000 won under the name of prior interest and commission, and from that time to January 6, 2014, the Defendant loaned 57,1210,00 won (actual 51,70,500 won) to four financial consumers D, etc. for a total of 115 times, as shown in attached Table 2 of the Crimes List 2, and exceeded the statutory interest rate.

Accordingly, the Defendant received interest exceeding 30% per annum as an unregistered credit service provider.

3. Any debt collector who violates the Fair Collection of Claims Act shall not assault the debtor in connection with the collection of claims;

Nevertheless, the Defendant:

(a) At the above loan office around 18:00 on November 10, 2013.