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(영문) 부산지방법원 2018.06.14 2018고정400
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

A person who intends to engage in loan business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business for each place of business, and where a unregistered credit service provider lends a loan to an individual or small corporation, the interest rate shall not exceed 25 percent per annum.

At the same time, the Defendant, with C and D, agreed to provide a loan to the Internet site and offer contact information to the financial user by advertising a loan or a sudden loan to secure contact information of the financial user, and the Defendant, while providing consultation with the financial user by using the large phone, prepared a loan application and a loan certificate, and sent it to C, contact with the financial user or his/her family or branch to collect the claim, and D conspiredd to receive interest exceeding the limited interest without registering the loan business to the competent administrative agency in a manner that transfers the loan to the financial user or withdraws the loan repaid to the financial user and withdraws the loan repaid to the financial user by using the large phone passbook.

1. On October 31, 2016, the Defendant violated the Act on the Registration of Loan Business, etc. and the Protection of Financial Users, following the above public offering, lent KRW 500,000 to the Financial Users F., and delivered KRW 200,000 after deducting KRW 500,000 as a prior interest. After one week, the Defendant received reimbursement of KRW 500,000 as a principal and interest after one week and received interest exceeding KRW 25% from the time of December 5, 2016 by the law of the unregistered credit service provider.

Accordingly, in collusion with C and D, the Defendant engaged in loan business without being registered with the competent authorities, and the legal year of the unregistered credit service provider has received interest exceeding 25% of the autonomy.

2. On November 25, 2016, the Defendant, in violation of the Electronic Financial Transactions Act, committed to G around November 25, 2016, with the commitment to a favorable repayment condition at the time of a loan thereafter, to acquire the passbook, etc. in the name of G.

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