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(영문) 대구지방법원 2013.10.16 2013고정1269
대부업의등록및금융이용자보호에관한법률위반등
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The interest rate in a case where an unregistered credit service provider violates the Registration of Credit Business, etc. and Protection of Financial Users Act (in violation of the restriction on the interest rate), may not exceed 30% per annum;

Nevertheless, from around December 10, 201 to May 19, 2011, the Defendant loaned KRW 5,000,000 to the debtor’s Daegu Bank’s account by December 10, 201, including lending KRW 5,000,000 to the debtor’s Daegu Bank’s account until May 19, 201, in a place where the location is unknown, and around December 10, 201, the Defendant loaned KRW 40,000 to the above debtor’s Daegu Bank and Nonghyup Bank’s account, KRW 7,00,000 in cash and KRW 40,00 in Do.

Pursuant to the loan certificate written with the above obligor, the Defendant received KRW 27,00,000, total of KRW 40,000,000 from May 10, 201, 201 and KRW 27,000,000 from May 19, 2011 to February 2012, 201, each month from May 201, 201, and KRW 1,350,000 from March 201 to May 2012 from March 2012, 1,00,000 each month from March 201 to May 201.

Accordingly, the Defendant received interest exceeding the statutory interest rate.

B. On December 14, 2011, the Defendant: (a) lent KRW 10,000,000 to the account of husband C of the obligor B at a place where the location is unknown on December 14, 2011; and (b) received KRW 1,500,000 (60.8% per annum interest rate) from the said date to February 2, 2012.

Accordingly, the Defendant received interest exceeding the statutory interest rate.

2. A person who intends to engage in credit business in violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users shall file a registration for each place of business with the Special Metropolitan City Mayor, Metropolitan City Mayor, or Special Self-Govern

Nevertheless, the Defendant extended KRW 50,000,000 to B without registering credit business from December 10, 201 to December 14, 2011.

3. The defendant who violates the Fair Collection of Claims Act shall be disqualified on July 16, 2012.

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