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(영문) 대전지방법원 천안지원 2017.09.08 2017고단947
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A Imprisonment with prison labor for one year, and for eight months, each of the defendants B.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

(a) A person who intends to engage in loan business or loan brokerage business without registration shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor having jurisdiction over the relevant place of business;

Nevertheless, the Defendant, without registering with the competent authorities, lent a total of KRW 1.355 billion to 71 persons from April 20, 2015 to July 11, 2016, as in the list of crimes in the attached Form (1), and run a loan business without registering with the competent authorities.

(b) An unregistered credit service provider shall not receive interest exceeding 25% per annum when making a loan.

Nevertheless, the Defendant loaned KRW 7 million to D on April 20, 2015, and received interest of KRW 136.2% per annum as interest for 100 days from D, and received KRW 1.4 million per annum as interest for 100 days. From April 20, 2015 to July 11, 2016, the Defendant loaned a total of KRW 1.355 billion to 71 persons, such as the list of crimes in attached Form (1) to July 20, 2016, and received interest in violation of the restriction on the interest rate.

2. Defendant B

(a) A person who intends to engage in loan business or loan brokerage business without registration shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor having jurisdiction over the relevant place of business;

Nevertheless, the Defendant, without registering with the competent authorities, lent a total amount of KRW 287,469,50 to 30 persons from April 9, 2015 to June 21, 2016, and run a loan business without registering with the competent authorities.

(b) An unregistered credit service provider shall not receive interest exceeding 25% per annum when making a loan.

Nevertheless, the defendant lent KRW 1 million to E on April 9, 2015, and then 200,000 interest equivalent to 108.5% per annum for 60 days from E as interest.

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