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(영문) 서울중앙지방법원 2014.07.08 2014고단3416

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant

A shall be punished by imprisonment for six months and by imprisonment for eight months, respectively.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is a person who engages in credit business mainly for the merchants of the Dongdaemun-gu Market with the trade name “L” in 201, Jung-gu, Seoul.

around March 30, 2010, the Defendant loaned 3 million won to M for 5 days from the “L”, and received 1.5 million won interest at an annual interest rate of 136.2% exceeding 49% per annum on April 5, 2010, and around that time, from around August 9, 2011, the Defendant loaned 1.669 billion won in total and received 8,2030,241 won interest exceeding the limited interest rate.

Accordingly, the Defendant received interest exceeding 49% per annum (44% per annum since July 21, 2010), which is the limited interest rate of a credit service provider.

2. Defendant B is a person who engages in credit business mainly against the merchants of the Dongdaemun-gu Market under the trade name of the Jung-gu Seoul Central Government NBL 302 “O.”

Around July 28, 2009, the Defendant discontinued the above “O” registered in the name of the Defendant from October 21, 2009 to October 24, 201, and had male-friendly PP register the credit business with the trade name “ Q”. From October 25, 2010 to December 5, 201, the Defendant borrowed money to an unspecified number of merchants operating in the East-gu market, including M, with the trade name “S”. < Amended by Presidential Decree No. 22426, Oct. 25, 2010; Presidential Decree No. 22420, Oct. 25, 2010>

Accordingly, the defendant operated credit business without registering it with the competent authorities.

B. Around February 18, 2009, the Defendant: (a) loaned KRW 5 million to M for 107 days from the foregoing “O”; and (b) received interest of KRW 136.2% per annum exceeding 49% per annum from June 5, 2009; and (c) around that time, from around May 3, 201 to May 3, 201, the Defendant loaned KRW 119,2760,000 in total and received interest of KRW 6,997 million exceeding the limited interest rate.

This is the defendant.