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(영문) 대전지방법원 홍성지원 2017.12.13 2017고단683
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users;

(a) Any person who intends to engage in a loan business without registration shall register with the competent Mayor/Do Governor;

Nevertheless, on January 23, 2014, the Defendant, without registering his branch office, posted an advertisement stating “small-amount loans” on the Internet NAVER’s Internet page, etc. at the Defendant’s residence located in Chungcheongnam-gun, Chungcheongnam-gun, and around November 13, 2015, the Defendant: (a) provided personal information, such as the name, resident registration number, cell phone number, etc. from the person requesting the lending of “D”’s cell phone number to the Internet shopping site; and (b) purchased 177,80 won and then paid the above amount by using the settlement function of the above mobile account; (c) purchased 15% of the above amount of loans from 15% to 35% of the above amount of loans; and (d) purchased 4% of the above loans from 15% to 13,50% of the total amount of loans from 45% to 13,50% of the above amount of loans; and (d) transferred the above amount of loans to the Internet market.

(b) In the event that a credit service provider unregistered in breach of the interest rate makes a loan, it shall not receive interest exceeding 30% per annum (from April 22, 2009 to July 14, 2014) or 25% per annum (after July 15, 2014) under the Interest Limitation Act, which is the highest interest rate under the contract for a loan of money as provided for in the Interest Limitation Act.

Nevertheless, it is not possible.

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