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(영문) 대전지방법원 2014.02.04 2013고단4359
대부업등의등록및금융이용자보호에관한법률위반
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

The Defendant, “2013 Highest 4359,” as a credit service provider, was willing to run a credit business by lending money to female visitors working in entertainment bars or singing rooms and receiving interest daily at a fixed rate for a certain period.

Any person who intends to engage in credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor or Special Self-Governing Province Governor who has jurisdiction over

The Defendant, without registering with the Daejeon Metropolitan City Mayor on January 2013, lent KRW 100,000,000 to the obligor C on the condition that 20,000 won shall be paid to the obligor C the principal and interest for 60 days each day at the studio parking lot located in Seo-gu Daejeon, Daejeon. Around that time, the Defendant received the principal and interest from C in accordance with the relevant conditions and received interest rate exceeding 30% per annum, which is a restriction rate under the Interest Limitation Act.

In addition, from December 2, 2011 to July 3, 2013, the Defendant lent a total of 4,0640,000 won over 37 occasions, as shown in the annexed crime list 1, and received interest exceeding 30% per annum, which is the restriction rate under the Interest Limitation Act.

In the event that an unregistered credit service provider lends a loan, "2013 Highest 5032", no interest exceeding the interest rate of 30% per annum, which is a limitation under the Interest Limitation Act, shall be paid or received.

Nevertheless, on March 13, 2012, the Defendant, without registering credit business, lent 2 million won to D on March 13, 2012, after deducting 200,000 won from the advance interest, issued 1.8 million won after deducting 2 million won, 40,000 won per day, and received 2.6 million won per day from March 15, 2012 to May 22, 2012 and received interest exceeding the statutory interest rate by receiving 2.6.7% per annum from March 15, 2012 to receiving interest exceeding the statutory interest rate from August 12, 2013.

Summary of Evidence

"2013 Highest 4359"

1. Defendant's legal statement;

1. Statement of prosecutorial statement concerning C;

1.Each.

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