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(영문) 인천지방법원 부천지원 2018.05.31 2018고단437
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendants shall be punished by imprisonment for six months.

However, as to the Defendants, the two-year period from the date of each judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

(a) Any person who intends to engage in a loan business without registration shall register with the administrative agency having jurisdiction over the relevant place of business, for each place of business;

Nevertheless, the Defendant, from August 19, 201 to August 7, 2013, lent a total of KRW 1,420,000,000 to G, etc. known as B’s brokerage, and received interest of KRW 2.5 to 3% per month from that time, and run a non-registered loan business by lending an aggregate of KRW 8,860,00,000 to the debtor six times from that time until September 2016, as shown in the list of crimes in the attached Table (1).

(b) Where an unregistered credit service provider grants or receives excess interest, it shall charge interest to the extent that the loan does not exceed the statutory interest;

Nevertheless, the Defendant loaned a total of KRW 100,000,000 to H from around July 2013 to February 14, 2014, and received KRW 2,500,000 per month from around July 2014 to December 2014 (a total of KRW 15,00,000,000) as interest, and received interest exceeding 25% per annum as statutory interest, as well as received interest exceeding 2,50,000,000 from around December 21, 2017.

2. A person who intends to operate a loan brokerage business shall register with the administrative agency having jurisdiction over the relevant place of business by place of business.

Nevertheless, the Defendant, even from August 19, 201 to August 7, 2013, arrange for the lending of KRW 1,420,00,00 from GIST, etc., and received KRW 2-3% of the principal of the lending from G, etc. as commission, as well as arrange for lending KRW 5,410,00,000 from G to September 19, 201, to receive KRW 300,000,00 in total, four times in total, by making the lending of KRW 5,410,00 from A to the debtor and receiving fees from the debtor.

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