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(영문) 대구지방법원 김천지원 2013.09.26 2013고정236
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users;

(a) Any person who intends to operate an unregistered credit business (excluding credit financial institutions) shall register his/her business with the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors, or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") having jurisdiction over

Nevertheless, the Defendant, without being registered with the Kimcheon City Mayor, lent a total of KRW 3.5 million to C and D from May 16, 201 to May 10, 201.

B. In the event that an unregistered credit service provider provides a loan, the interest rate shall not exceed 30% per annum. Around May 16, 2010, the Defendant extended a loan from F located in Kimcheon-si to D under the condition that D would be paid one million won in one month, and then granted KRW 90,000,000 after deducting the advance interest from one hundred thousand won. Accordingly, the Defendant was paid interest rate of 133.3% per annum exceeding 30% per annum in violation of the restriction on the interest rate. (ii) If an unregistered credit service provider provides a loan, the interest rate shall not exceed 30% per annum.

On September 27, 2010, the Defendant loaned KRW 120,000 to C from September 27, 2010 to November 26, 2010, under the condition that C shall receive KRW 200,000 per day from September 27, 2010, and issued KRW 1 million after deducting KRW 200,000 from the prior interest.

Accordingly, the Defendant violated the interest rate limit, thereby receiving interest rate of 225.7% per annum exceeding 30% per annum.

3. Where an unregistered credit service provider lends a loan, the interest rate shall not exceed 30 percent per annum.

Around 14:00 on May 10, 201, the Defendant loaned KRW 1.2 million to C from May 10, 2011 to July 9, 2011, on condition that C shall be paid KRW 200,000 per day from May 10, 2011, and issued KRW 1 million after deducting KRW 200,000 from the advance interest.

Accordingly, the Defendant violated the interest rate limit, thereby receiving interest rate of 225.7% per annum exceeding 30% per annum.

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