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(영문) 창원지방법원 진주지원 2016.11.09 2016고정413
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of 3.5 million won.

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

Reasons

Punishment of the crime

The facts charged in the indictment shall be partly revised according to facts recognized by the examination of evidence, considering that it does not disadvantage the defendant's exercise of his/her defense right, as follows:

1. No one, other than an advertisement for a credit business without registration, a credit service provider, or a credit financial institution, may place an advertisement for credit business;

Nevertheless, the Defendant, from February 2016 to the first police officer of the same year.

4. By 20. Around 20.20., without registering credit business to the competent authorities, advertisements regarding credit business were made by distributing 1,000 square meters of pre-type advertisements indicating contact numbers, such as Jinju-si and Gyeongnam-gun, Gyeongcheon-si, Gyeongcheon-si, commercial buildings, private stores, restaurants, and inns, the lowest interest day loan D, etc. around the surrounding areas.

2. A person who intends to operate a credit business or loan brokerage business without registration shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, or Special Self-Governing Province Governor, who has jurisdiction over the relevant business

However, as described in the preceding paragraph, the Defendant: (a) sought the address of the lender who made an advertisement on credit business and applied for the loan with the above contact point; (b) lent KRW 1 million to E on March 11, 2016; and (c) lent KRW 6.5 million from February 19, 2016 to March 22, 2016 to six loan applicants as described in the table of sight; and (d) operated unregistered credit business.

3. Where an unregistered credit service provider, which violates statutory interest rates limitation, lends a loan, the credit service provider shall not collect interest exceeding the interest rate of 25% per annum pursuant to the Interest Limitation Act;

Nevertheless, as described in paragraph (2) of March 11, 2016, the Defendant loaned KRW 1 million to the above E, and received interest of KRW 20,000 per annums over 225.7% per annums over 60 days per annum, and received interest of KRW 25.7% per annums from February 19, 2016 to March 22, 2016, and received interest of KRW 225.7% per annums over 25% per annums as shown in the annexed List.

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