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(영문) 대구지방법원 상주지원 2016.06.28 2016고정17
대부업등의등록및금융이용자보호에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

(a) Any person who intends to engage in the business of granting or lending money without registration and brokerage of receiving or lending money shall register the relevant place of business with a branch office of the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, or Special Self-Governing Province;

Nevertheless, on June 5, 2013, at D stores operated by the Defendant in C with no registration on June 5, 2013, the Defendant lent KRW 10 million to E and deducted KRW 300,000,000 from the prior interest, and then received interest of KRW 300,000 per month and paid the principal in a lump sum without setting a deadline, and paid KRW 13,90,000 in total for 13 months, as indicated in the list of crimes in the attached Table, and run a loan-free business by lending KRW 146,00,000 to two debtors over 16 times in total from June 5, 2013 to March 6, 2015.

B. A person who actually runs a loan business without registering the loan business in excess of the interest rate of an unregistered credit service provider may not exceed 30% per annum until June 11, 2014, and 2.5% per annum from June 11, 2014, in the event that the loan business is made to an individual, as described in the foregoing paragraph 1, the Defendant borrowed 10 million won per annum to E and deducted 300,000 won per annum from the advance interest and paid 300,000 won per month after deducting 300,000 won from the advance interest. The principal was paid 13.9% per annum from June 5, 2013 to March 6, 2015, with the payment of interest equivalent to 32% per annum from the obligor to 326% per annum of interest rate per 26% per annum from the obligor as described in the attached list of crimes.

2. The main sentence of Article 2 subparagraph 1 of the Act on the Registration of Short-Term Loan Business, Etc. and the Protection of Financial Users shall receive the transfer of a claim under a loan agreement from a person who has run a business of lending money, has registered a loan business in accordance with Article 3, or has transferred a claim from a credit financial institution;

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