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(영문) 서울중앙지방법원 2018.04.11 2018고정383
대부업등의등록및금융이용자보호에관한법률위반
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. A person who intends to run a loan business without registration or a loan brokerage business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business in each place of business;

Nevertheless, on October 19, 2016, the Defendant, without registering, lent KRW 13,680,000 to D from that time to April 17, 2017, without registering it, by means of lending KRW 19,580,000 in total to D from that time to April 17, 2017.

2. Where an unregistered credit service provider grants a loan with interest exceeding the interest rate, it shall not receive interest exceeding 25 percent per annum;

No credit service provider shall receive interest exceeding 27.9% per annum.

Nevertheless, the Defendant entered into a contract on the condition that 50,000 won shall be repaid for each 70 days each day while lending 3 million won to D at the date, time, and place specified in paragraph (1). The Defendant deposited only 2.75 million won after deducting 10,000 won per day and 1.5 million won per day from October 21, 2016 to November 23, 2016, and received a total of 1.7 million won per day from October 19, 2016 to May 24, 2017, and received interest exceeding 2.5% per annum or 27.9% per year with interest of 5-100,000 won per day from October 19, 2016 to May 24, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with D;

1. Arrangement of details of loan transactions, and application of Acts and subordinate statutes of a copy of loan business registration certificate;

1. pertinent legal provisions of criminal facts, registration of loan business, etc. of selective loan business, and Article 19(1)1 and Article 3(1) of the Act on the Protection of Financial Users (the occupation of unregistered loan business), registration of loan business, etc., and Articles 19(2)3 and 11(1) of the Act on the Protection of Financial Users (the occupation of violation of the interest rate limitation on unregistered loan service providers listed in the List of Crimes Nos. 1 through 7), registration of loan business, etc., and the protection of financial users.

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