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(영문) 인천지방법원 2012.12.20 2012고단9964
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Any person who intends to engage in credit business in violation of the Act on Registration of Credit Business and Protection of Finance Users shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor or Special Self-Governing Province Governor having jurisdiction over the relevant place of business, and the interest rate shall not exceed 30 percent per annum when any unregistered credit service provider

From around June 17, 2010 to November 28, 201, the Defendant was running a registered credit business without any trade name without registration with the competent authorities. On November 2, 2010, the Defendant lent KRW 30,000,000 per day to the victim F in the Yeonsu-gu Incheon E restaurant in the way of collecting principal and interest in installments, and received 36.2.% interest per annum in excess of the statutory limit rate, and received 136.2.% interest per year from June 17, 2010 to November 28, 201, including six-day loans, number of months loans twice, and KRW 598,000,00 in total over 52 times including class I or III loans, and received more than the statutory interest rate by exceeding the statutory limit.

2. As indicated in Appendix I, the Defendant: (a) around October 18, 201, as indicated in Appendix I, lent KRW 10,000,000 to F in a way of number of days; (b) and (c) in order to secure the performance thereof, the Defendant may enforce compulsory execution in the event of nonperformance; and (c) a notary public, as of October 18, 201, prepared a notarial deed of a monetary consumer loan agreement (No. 482, 201, No. H’s preparation, No. 482, No. 483, 2011, No. 10,000,00 won, provided that the Defendant provided F with a loan of KRW 10,00,000,000, respectively, and held two copies of notarial deeds (No. 10,000).

From around that time to January 27, 2012, the Defendant totaled KRW 12,00,000 from F to January 27, 2012 as to each of the above loan claims.

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