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(영문) 대전지방법원 홍성지원 2017.11.07 2017고단601

대부업등의등록및금융이용자보호에관한법률위반

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Defendant shall be punished by a fine not exceeding eight million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. Any person who intends to engage in the business of lending unregistered loans shall register with the administrative agency having jurisdiction over the relevant place of business by place of business;

Nevertheless, on May 24, 2015, the Defendant, without registering with the Chungcheongnam-do Branch, lent KRW 18 million to F, and received a total of KRW 10 million around June 10, 2015, and KRW 10 million around August 15, 2015, as shown in the attached Table 1 re-loan, from February 14, 2015 to December 1, 2016 from February 3, 2016, the Defendant paid KRW 260 million to G, F, H, I, J, and K.

In the end, the Defendant did not register with the competent authorities and run the lending business.

2. Where a credit service provider, who is not registered, makes a loan due to the receipt of interest exceeding the statutory interest rate, he/she shall not receive interest exceeding 25% per annum, which is the highest interest rate under the Act on the Interest Restrictions;

Nevertheless, around May 24, 2015, the Defendant lent KRW 18 million to F from the above “E Multiface” to F, and received a total of KRW 10 million around June 10, 2015, and KRW 20 million around August 15, 2015 from the annual interest rate of KRW 48.8% on the pretext of the principal and interest as well as payment of KRW 85,500,000 from September 25, 2016 from that time to September 25, 2016.

Ultimately, the Defendant, as a unregistered credit service provider, received interest exceeding the highest interest rate under the Interest Limitation Act on the lending and borrowing of money.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to F or L;

1. Investigation report (the statement outside of the instant case and H telephone);

1. (A-M), details of loans and reimbursement, details of each transaction, details of each deposit transaction, and details of transactions (F) application of statutes;

1. Registration of the relevant legal provisions and the selective loan business regarding the facts constituting the crime, etc.;