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(영문) 대전지방법원 천안지원 2016.11.22 2016고단1796
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for five months.

, however, the defendant from the date of this judgment.

Reasons

Punishment of the crime

1. Defendant A

(a) A person who intends to engage in credit business in violation of restrictions on unregistered credit business and interest rates shall register the relevant place of business with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province Governor, which has jurisdiction over the relevant place of business, and shall not receive interest exceeding 25% per annum, which is the statutory interest rate

Nevertheless, the Defendant, without registering a credit business on September 2, 2015, loaned 950,000 won, 100,000 won of the principal to D, 650,000 won per day, after deducting 50,000 won of the principal from the 2000,000,000 won, on condition that 65,000 won per day shall be repaid in 65 days, and 40,000 won, which is equivalent to the interest rate of 368.33% per annum, was paid over 65 times in total as shown in the attached Table 1.

Accordingly, the Defendant, without registering credit business, was engaged in credit business and received interest exceeding the statutory limit interest rate.

(b) No one may place an advertisement for credit business, other than an unregistered credit service provider, a credit service provider, or a credit financial institution;

Nevertheless, around March 7, 2016, the Defendant advertised the credit business in a manner that spreads the name-type printed materials on the street, stating the phrase "I would like to see 1% of the prompt loan," and "I would like to see more than other companies."

2. A person who intends to engage in Defendant B credit business shall register with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor having jurisdiction over the relevant place of business, and where an unregistered credit service provider grants a loan, he/she shall not receive interest

Nevertheless, the defendant did not register his credit business.

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