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(영문) 서울동부지방법원 2016.11.22 2016고정1648
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 30,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a lending company without any trade name in Seongdong-gu Seoul Metropolitan Government.

1. Around July 4, 2016, the Defendant, without registering a credit business, lent KRW 2.10,000,000, which actually deducted 300,000 from commission fees, to C at the above location, and received interest at the interest rate of KRW 521.4% per annum on the nominal principal at the rate of 1 month, and operated a credit business by lending 1,007, in the name of the so-called mobile phone microcredit in the same manner, from February 17, 2014 to July 5, 2016, a total of KRW 712,490,00,00 in the nominal loan amount, and approximately KRW 510,795,90,00 in the actual loan amount.

2. From February 17, 2014 to December 31, 2015, and from March 3, 2016 to July 5, 2016, the Defendant loaned the following methods to the above places from March 3, 2016 to July 3, 2016, as indicated above, and received each interest exceeding the statutoryly limited interest rate by receiving a loan from the above methods to 3,546 from 3,02 to 3,546, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to reports on internal investigation, details of transactions in each account, and reports on investigation;

1. Article 19(1)1, Article 3(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 19(2)3, Article 11(1) and Article 8 of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Article 2(1) of the Interest Limitation Act (the receipt of excess interest rates and the choice of fines) shall apply mutatis mutandis to the interest rates of unregistered credit service providers (Article 11(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, including the applicable law regarding criminal facts and the choice of punishment (Article 19(1)1, and Article 3(1) of the former Interest Limitation Act).

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