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(영문) 대전지방법원 2018.06.15 2018고정333
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 5,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A was a person who was engaged in loan business with "D" (E) in Seo-gu Daejeon, Seo-gu, Daejeon (Seoul: E) on March 4, 2015, and voluntarily closed down business on February 6, 2017 after the registration of new loan business with "D" in Daejeon Metropolitan City on March 4, 2015, and Defendant B was a person who was engaged in a non-registered loan business using the trade name "D" registered by Defendant A.

1. Defendant A

A. Notwithstanding that a credit service provider’s lending of a loan to a corporation belonging to an individual or a small enterprise under Article 2(2) of the Framework Act on Small and Medium Enterprises does not exceed the rate prescribed by Presidential Decree within the scope not exceeding 27.9/100 per annum, Defendant A, at the early December 2015 G convenience store located in Daejeon-gu, and Daejeon-gu, deemed the victim H’s YF Sol (I), as security, KRW 300,000 won as a clerical error in the amount of KRW 3 million. In making a loan, Defendant A violated the restriction on the total interest rate of KRW 150,000,000,000,000 for 65 days per annum, including interest, on condition that 60,000 won per annum is paid at the rate of KRW 591.6% per annum.

B. Although a credit service provider, etc. is prohibited from allowing another person to engage in a loan business, etc. in its name or lending its registration certificate, Defendant A received a request from Defendant B to lend D registration numbers because it is possible to know the trade name in Daejeon-gu (hereinafter referred to as the “U.S.”) around July 2015.

Defendant

A is in charge of Daejeon, Seo-gu, Dong-gu, and Seo-gu, Daejeon, and Seo-gu, and Defendant B is promised to take charge of it, and Defendant B, using the J registered with the competent authority as an advertising phone number, allowing Defendant B to engage in a loan business with “D” for an unspecified person residing in Daejeon, Seo-gu, and Seo-gu. From that time to February 6, 2017.

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