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(영문) 대구지방법원 서부지원 2016.10.28 2016고단305

대부업등의등록및금융이용자보호에관한법률위반

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. Any person who intends to engage in unregistered credit business or loan brokerage business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor or Special Self-Governing Province Governor having jurisdiction over

Nevertheless, the Defendant, without registering with the competent authority on February 2, 2009, lent KRW 1,20 million to the obligor E in French-gu (Seoul-gu) and around February 2, 2009, borrowed KRW 8,80,000,000, which is the remainder after deducting KRW 1,200,000,000, under the name of prior interest, and loaned to the obligor E under the condition that he shall be reimbursed for KRW 1,10,000 after three days, as well as from the above date to November 28, 2014, the Defendant corrected the “27,200,000,000” in the column of actual receipt in the No. 3 to “26,20,000,000,” and added the “E” to the obligor column in the No. 4, and described the “one million,000,0000,000,000,000 won” as the “restatement 2.

2. Where a registered credit service provider provides a loan with interest exceeding the limited interest rate, the maximum interest rate under the contract for lending and borrowing of money shall not exceed 30% per annum from June 30, 2007 to July 14, 2014, and from July 15, 2014 to the present year, 25% per annum.

Nevertheless, around August 5, 2011, the Defendant lent KRW 40 million to E, the Defendant: (a) delivered KRW 34,930,000,000, which is the remainder after deducting KRW 5070,000,000 from the prior interest, to December 5, 2011; and (b) entered into a loan agreement at the rate of KRW 211.3% per annum on the condition that he/she shall be paid the principal amount at the maturity; and (c) received interest at the rate of KRW 49.6 million per annum from the above date to November 28, 2014, on the condition that he/she shall be paid the principal amount at the maturity; and (d) received interest at the rate of KRW 127.7% per annum from the above date to the above date.