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(영문) 대구지방법원 2019.05.23 2019고단878
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant who violated the restriction on the interest rate of a registered credit service provider is a person who has engaged in credit business under the trade name of the Daegu Dong-gu B and C from August 7, 2013 to June 30, 2016.

No credit service provider shall collect interest exceeding the rate prescribed by Presidential Decree not exceeding 27.9% per annum when it lends a loan to an individual or a small corporation defined in Article 2 (2) of the Framework Act on Small and Medium Enterprises.

Nevertheless, around May 30, 2016, the Defendant: (a) lent KRW 2.5 million to F; (b) received 50,000 won per day under the name of interest and principal and interest for 60 days; and (c) received interest at a rate of 225.7% per annum exceeding the statutory interest rate; and (d) received from that time, interest exceeding the statutory interest rate as described in the [Attachment List] Nos. 1 through 5 in the list of crimes until June 17, 2016.

2. Any person who intends to engage in credit business that violates unregistered loans or restrictions on interest rates shall register with the administrative agency having jurisdiction over the relevant place of business, and if unregistered credit service providers lend a loan, he/she shall not receive the interest exceeding 25% per annum of the maximum interest rate provided for in the Interest Limitation Act.

Nevertheless, the Defendant, without registering a credit business, lent KRW 1 million to H at the residence of the debtor G located in Daegu-gu, Daegu-gu, on July 6, 2016, received KRW 50,000 won and KRW 292.1% interest at the annual interest rate exceeding the statutory interest rate for KRW 60,000 per day under the name of interest and principal and interest for KRW 50,000,000 from November 23, 2017, and extended KRW 29,000 to nine debtor from November 23, 2017, and received interest exceeding the highest interest rate under the Interest Limitation Act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. Payment, demand, and text messages;

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