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(영문) 인천지방법원 부천지원 2017.11.24 2017고정1048

대부업등의등록및금융이용자보호에관한법률위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in a loan business.

1. Around April 17, 2017, the Defendant lent KRW 700,000 to the victim B (31 tax and female) who contacted through a wrap related to Internet lending, and deposited KRW 300,000 as the interest-based interest, and deposited KRW 400,000 as the interest-based interest, KRW 70,000,000 per share until the victim fully repaid the amount of KRW 700,000,000 in interest-based interest, and received KRW 300,000 per share from the damaged person

4. 24. Subdivision

5.1. Along on two occasions, interest at an interest rate of 5,850% exceeding the statutory maximum interest rate of 27.9% per annum, such as receiving 600,000 won as interest.

2. The Defendant lent KRW 80,000 to the victim B prior to May 17, 2017, and deposited KRW 300,000 with the interest of KRW 500,000,000 to the interest of KRW 800,000,000,000 to the interest of KRW 300 per share until the victim fully repaid the amount of KRW 8,000,000 to the interest of KRW 300,00,00

5. 24. Subdivision

5. 31. Along on two occasions, interest at an interest rate of 4,360% exceeding the statutory maximum interest rate of 27.9% per annum, such as receiving 600,000 won as interest.

3. Where a credit service provider, etc. intends to continue to engage in a loan business even after the term of validity of the registration, it shall file an application for renewal of registration with the Mayor/Do Governor, etc. three to one month prior to the expiration date;

However, while the Defendant registered and operated the loan business from April 7, 2014 to “C”, the Defendant did not discontinue and renew the business for reasons such as the expiration of the registration period as of April 6, 2017, but operated the loan business without permission by lending KRW 700,000,000 from April 17, 2017 and KRW 80,000,000 from May 17, 2017 to the victim B, as described in paragraphs 1 and 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. The registration certificate of loan business;

1. Application of Acts and subordinate statutes to the details of banking transactions and the details thereof;

1. Article 19(1)1 and Article 3-2(1) of the Act on the Protection of Financial Users and Registration of pertinent legal provisions and selective loan business, etc. for criminal facts (registration: .)