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(영문) 의정부지방법원 고양지원 2016.10.21 2016고정799

대부업등의등록및금융이용자보호에관한법률위반

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Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who engages in an unregistered credit business under the trade name of Songpa-gu Seoul Metropolitan Government B 401 from May 2015 to February 2016.

Any person who intends to engage in credit business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business, and the interest rate shall not exceed 25 percent per annum, if any unregistered credit service provider provides a loan.

1. On May 2015, the Defendant: (a) lent KRW 10 million to the victim E in Songpa-gu Seoul Metropolitan Government without being registered with the competent authority; (b) loaned KRW 500,000 to the victim; (c) deducted KRW 500,000 equivalent to 0.5% of the loan principal under the name of the loan fee; (d) paid KRW 9.5 million on a daily basis; and (e) agreed to pay KRW 120,000 per annum for 100 days and received interest.

2. On November 2015, the Defendant agreed to lend KRW 15 million to the above victim E at the above place without registering with the competent authority, and received 136.20% interest per annum on a 100-day basis, by stipulating that 180,000 won shall be paid every day for 100 days.

3. Around February 12, 2016, the Defendant, without registering with the competent authority, agreed to lend KRW 180,000 per day to the victim H “I” operated by Goyang-si G at Goyang-si, Busan-si, and agreed to receive interest of KRW 136.20% per annum on a daily basis for 100 days, by lending KRW 25 million to the victim.

Accordingly, the defendant operated credit business without being registered, and violated the provision on the restriction of interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. The first police statement of H;

1. Application of Acts and subordinate statutes to each account transaction (including evidence 4 and 6), each notarial deed copy, promissory note, loan application form, leaflet for loan advertisement, investigation report (including evidence 25, 27, attached documents) in the H name;

1. Operation of a credit business without registration under Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and the Selection of Punishment;