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(영문) 청주지방법원 충주지원 2013.03.27 2012고정403

대부업등의등록및금융이용자보호에관한법률위반등

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Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Any person who intends to engage in credit business in violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users following an act of unregistered loan shall register the business with the administrative agency having jurisdiction over the relevant place of business;

Nevertheless, on October 5, 2010, the Defendant, without registering the credit business, lent KRW 3 million to the victim D at CH clubs located in B in the Chungcheongbuk-si, the Defendant committed an act of lending KRW 2,700,000,000,000 to the victims, without deducting KRW 3,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

2. Where a credit service provider without registration in violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users following the payment of excess interest makes a loan, interest shall not be paid in excess of 30% per annum;

Nevertheless, on April 8, 2011, the Defendant, without registering a credit business, lent KRW 3 million to the victim D, and paid KRW 2,700,000,000 after deducting KRW 300,000 from the prior interest, and agreed to receive KRW 300,000 per ten days until repaying the principal amount. The Defendant received KRW 30,000 from the same person as the interest on April 29, 201, KRW 300,000,000 on May 10, 201, KRW 300,000,000,000 on May 20, 201, and KRW 110,000 on August 9, 201, and received KRW 300,000 from the victims’ interest rate exceeding KRW 300,74% per annum, as stated in the attached Table 2011.

3. Any debt collector who violates the Fair Collection of Claims Act shall be prohibited from using any power on the debtor in connection with debt collection;

Nevertheless, the defendant did not pay 7 million won of the borrowed money to the victim D, which was 14:00 on March 201, 201.