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(영문) 대구지방법원 김천지원 2018.04.19 2017고정529
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to engage in loan business or loan brokerage business with no registered loan business shall register the business with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province branch having jurisdiction over the relevant place of business;

Nevertheless, on November 20, 2015, the Defendant, without registering with the competent Do Governor, agreed to lend KRW 4 million to E at the Dong-si shop, “D” for the Defendant’s operation in Gu-si, Si-S., and, in other words, paid KRW 3.6 million remaining after deducting KRW 400,000 from tin as a prior interest, and received KRW 4,60,000 per month from December 20, 2015 to August 19, 2016 as interest.

On August 24, 2016, the Defendant continued to provide a loan of KRW 3 million to E at the above place, namely, payment to E of KRW 2.5 million after deducting KRW 350,000 from tin as a prior interest, and from September 20, 2016 to December 20, 2016, the Defendant engaged in a loan business by receiving KRW 7.5 million monthly delivery from E as interest, and engaged in a loan business without registration in the above way five times in total, as described in the list of crimes in the attached Table.

2. In cases of a credit service provider who is not registered for committing an offense exceeding the interest rate, the maximum interest rate on cash lending and lending contract shall be set within the scope not exceeding 25 percent per annum;

Nevertheless, as described in paragraph (1), the Defendant agreed to lend KRW 4 million to E around November 20, 2015, and pays KRW 3.6 million remaining after deducting KRW 400,000 from tin as a prior interest, to E, as well as KRW 3.6 million per month from December 20, 2015 to August 19, 2016, to receive KRW 3.6 million per month from E (10% per month) and to continue to lend KRW 3 million to E around August 24, 2016, and, in other words, to pay KRW 2.65 million remaining after deducting KRW 3.5 million from tin as a prior interest, from December 20, 2016 to December 20, 2016.

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