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(영문) 전주지방법원 군산지원 2013.11.27 2013고단1388

대부업등의등록및금융이용자보호에관한법률위반등

Text

As to the first and second crimes against Defendant, a fine of KRW 5 million shall be imposed on Defendant, and a fine of KRW 5 million shall be imposed on Defendant 3.

Reasons

Punishment of the crime

[criminal power] On August 10, 2012, the Defendant was sentenced to imprisonment for a violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users at the Jeonju District Court, which became final and conclusive on August 20, 2012.

【Criminal Facts】

1. A person who intends to engage in credit business or credit brokerage business in violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users (related to unregistered credit business) shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do governor having jurisdiction over each place of business;

Nevertheless, on October 25, 2010, the Defendant, without registering a credit business with the competent authority, placed an advertisement on the loan information in the daily life information area while operating the office of “E” in cooperation with C when operating a credit business by October 25, 2010.

On November 6, 2010, the Defendant loaned KRW 2,00,000 to F, who reported the advertisement at the above “E” office, and received 200,000,000 including the principal and interest, for a seven-day period, each of which was delivered by the Defendant for 84 days (12 weeks).

In addition, from November 6, 2010 to May 7, 2012, the Defendant loaned 24,700,000 won to two persons, such as F and G, as shown in the crime sight table 1, and operated credit business without registration.

2. Where an unregistered credit service provider violates the Act on Registration of Credit Business, etc. and Protection of Financial Users (related to interest rate restrictions), the maximum interest rate shall not exceed 40% per annum until July 24, 201, and 30% per annum from July 25, 201;

Nevertheless, as above, the Defendant, while lending gold 2,00,000 won to F, received 20,000,000 won, including the principal and interest, at a seven-day interval of 84 days (12 weeks) and received interest equivalent to 152.4% per annum.

In addition, from November 6, 2010 to May 7, 2012, the Defendant loaned 24,700,000 won to two persons, such as F and G, such as crime sight table 1, and granted more than the interest rate exceeding 30% per annum.