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(영문) 부산지방법원 2013.08.12 2012고정5936
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. A person who intends to run a credit business under Defendant A shall register with the administrative agency having jurisdiction over the relevant place of business, and where a unregistered credit service provider lends a loan to an individual or a small-scale corporation, the annual interest rate shall not exceed 40%;

On August 30, 2010, Gju located in the Busan Jung-gu, Busan, and 1.920,000 won was loaned to E with the principal 2 million won less the interest of 80,000 won, and it concluded a loan contract with the condition that E shall be paid with interest of 4% per month, and it shall be paid with interest of 48% per annum exceeding the interest rate per annum.

In addition, from around that time to April 29, 201, the Defendant lent 8,590,000 won to E for all four occasions as shown in the list of crimes committed in the attached Table, and received interest exceeding the statutory interest rate.

2. Defendant B

(a) Any person who intends to engage in credit business shall register with the administrative agency having jurisdiction over the relevant place of business, and where an unregistered credit service provider lends a loan to an individual or a small-scale corporation, the annual interest rate shall not exceed 40 percent;

On January 7, 2011, the Defendant: (a) lent the principal of KRW 1 million to E for one month; and (b) paid 750,000,000 to E for one month; and (c) concluded a loan agreement to pay interest of KRW 300,000 in excess of the annual interest rate; and (d) paid 300,000 to E.

In addition, from around that time to January 26, 201, the Defendant lent 5 million won to E for all five times as shown in the list of crimes committed in the attached Table, and received interest exceeding the statutory interest rate.

B. On February 14, 2011, the Defendant: (a) on the ground that the victim E did not repay the money at the instant Hca shop, the Defendant would be her husband who did not repay the money. (b) The Defendant would be her husband who did not repay the money.

The number of years of death, the number of years of liquidation, and the number of years of death due to the same year of birth.

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