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(영문) 광주지방법원 순천지원 2018.09.03 2018고정171
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. If any person who violates the Act on the Registration of Loan Business, etc. and the Protection of Financial Users intends to run a loan business or a loan brokerage business, he/she shall register with the Mayor/Do Governor having jurisdiction over the place of business in each place of business;

Nevertheless, on January 9, 2016, the Defendant posted an advertisement with the content of “credit loans, automobile security loans,” on the cross-road newspaper advertisement column. On May 9, 2016, the Defendant borrowed two million won (1.770,000 won credit interest deduction) for the Kackn vehicle (200,000,000 won in front) owned by the victim D(37 tax, south) by reporting the cross-road in the “C Loan office” office located in B between South and North Korea on May 9, 2016, and sought a loan from the “C Loan office” office in the same manner as the attached Table 50,000 won between May 9, 2016 and November 17, 2016.

2. Where a credit service provider that has not registered a violation of the Interest Limitation Act lends a loan, the maximum interest rate under a contract for lending and borrowing money shall not exceed 25% per annum;

Nevertheless, the Defendant borrowed KRW 2,30,000 to the victim D on May 9, 2016 at the same place as the above “A” and received KRW 2,30,000 (the annual interest rate of KRW 263.3%). From the above date to November 17, 2016, the Defendant lent KRW 8 million (the KRW 7,070,000) over five times between six months and the above date, and received a total of KRW 1,680,000,000 from the interest rate of KRW 1.688,00,000,000,000 were exceeded the interest rate prescribed by the law as shown in the attached Table.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on the transactions of deposits and withdrawal;

1. Article 19(1)1 and Article 3(1) of the Act on the Protection of Financial Users and Registration of Preliminary Loan Business, etc. for Criminal Facts, and Articles 19(1)1 and 3(1) (the point of business without registration).

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