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(영문) 울산지방법원 2014.10.31 2014고단1184
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Registration of Credit Business and the Protection of Financial Users is a person who operated credit business in the name of “D” from around 2003 to June 26, 2012, the second floor 210, Ulsan Nam-gu, Seoul Metropolitan City C apartment commercial building.

Any person who intends to run a credit business shall file for registration with the competent Metropolitan City Mayor.

Nevertheless, on April 2013, the Defendant, without registering credit business, lent KRW 460,00 to E at the office No. 210, Nam-gu, Ulsan Metropolitan City, Seoul Metropolitan City, 210.

In addition, the Defendant engaged in credit business without registering the credit business as shown in attached Table 1 between April 2013 and December 1, 2013.

(b) Where a person who actually runs a credit business without registering the credit business makes a loan to an individual, the interest rate thereon shall not exceed 30/100 per annum;

Nevertheless, around April 2013, the Defendant loaned KRW 460,00 to E, like Paragraph (a), at the above office around April 2013, and set the due date for repayment 30,000 and paid the interest during that period.

In addition, the Defendant received interest from April 2013 to December 1, 2013, in violation of the limitation of each interest rate as shown in the attached Table 1.

(c) Where a credit service provider lends a loan to an individual, the interest rate shall not exceed 49/100 per annum until July 20, 2010, 44/100 per annum thereafter until June 26, 201, and 39/100 per annum thereafter;

Nevertheless, on November 27, 2009, the Defendant loaned F 2.1 million won to F at the above office around November 27, 2009, set the due date for payment of KRW 90,000, and received the payment of interest at KRW 6.30,000 for that period.

In addition, the Defendant was paid interest by violating the limitation on each interest rate as shown in the attached Table 2 from November 27, 2009 to December 20, 201, as well as from November 27, 2009.

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