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(영문) 청주지방법원 2013.03.21 2012고정1213
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 4,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. A person who intends to engage in credit business shall file for registration with the Mayor/Do Governor having jurisdiction over the relevant place of business, and where an unregistered credit service provider lends a loan, he/she shall not receive the interest exceeding 30% per annum of the maximum interest rate prescribed by Presidential Decree under the Interest Limitation Act;

Nevertheless, around May 2010, the Defendant: (a) distributed KRW 1,00,00 to the obligor D, distributed KRW 9,50,000,000,000,000 to be actually paid to the obligor D; and (b) entered into a loan transaction agreement with KRW 50,000 per month to receive KRW 54,00 per annum as interest; and (c) received interest at that time.

The Defendant, including that, from around that time to March 30, 2012, had the obligor D, E, and F with interest over four times more than the statutory interest rate, as shown in attached Table 1, and had run an unregistered credit business.

2. A person who intends to engage in credit business shall file for registration with the Mayor/Do Governor having jurisdiction over the relevant place of business, and where an unregistered credit service provider lends a loan, he/she shall not receive the interest exceeding 30% per annum of the maximum interest rate prescribed by Presidential Decree under the Interest Limitation Act.

Nevertheless, around December 3, 2010, the Defendant entered into a loan transaction agreement with the obligor H as an interest rate of KRW 3 million, and received KRW 300,000 per month from Cheongju-si to the obligor H, and received interest equivalent to 120% per annum from that time.

The Defendant, including that, from around that time to May 15, 2012, had been engaged in an unregistered credit business with interest exceeding the statutory interest rate four times from the obligor H, I, J, and F, as shown in Appendix 2 attached hereto.

Summary of Evidence

1. The defendants' legal statement (as of the third trial date)

1. The police statement concerning F;

1. Each investigation report;

1. Each passbook and specification of transactions, certificates of transactions by member account, liquidity records, borrowed certificates, and respective borrowed certificates;

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