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(영문) 부산지방법원 동부지원 2017.08.10 2017고단1226
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the lending business.

1. Any person who intends to engage in the business of registering a large-scale side business due to a loan business without registration and a loan business violating the Act on the Protection of Financial Users shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor or Special Self-Governing Province branch having jurisdiction over the relevant place of business;

Nevertheless, the Defendant did not register the lending business with the competent authorities on October 2013, and lent KRW 3,000,000 to C, which is urgently needed for the payment of the money, and paid KRW 2,600,000 per annum by deducting KRW 300,000 per annum from commission and advance interest and KRW 400,00,000 per annum, 357% per annum from that time to March 20, 2017, and operated the lending business by lending KRW 24,521,340,000 per annum by the same method as in the daily list of crimes in attached Form 202.

2. If a non-registered credit service provider, who violated the Act on the Registration of Large-Scale Business, etc. due to the number of interests that exceed the statutory limit interest rate, lends a loan, the credit service provider is not entitled to receive interest at the highest interest rate of 30% per annum from June 30, 2007 to July 15, 2014 under the Interest Limitation Act, and at the highest interest rate of 25% per annum from July 15, 2014 respectively.

Nevertheless, the Defendant borrowed KRW 3,00,000 per annum to C as described in paragraph (1), as in paragraph (1), and received interest at least 357% per annum from 24 individuals in the same way as indicated in the list of crimes in the attached Table from March 20, 2017 to March 20, 2017, and received interest at least 39% per annum to 4,055% per annum from 24 individuals in the same way.

3. Intrusion upon residence;

A. On September 2016, the Defendant promised the principal and interest amounting to eight million won, i.e., Busan Jin-gu, Busan, the domicile of the victim D, and eight million won, the victim borrowed from the Defendant.

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