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(영문) 서울동부지방법원 2016.07.14 2014고단1011
대부업등의등록및금융이용자보호에관한법률위반등
Text

[Attachment 1] 2011, 2014, 2014, 2935, 2015, 1581, 2015, 3015, 3015, 3015, 1.

Reasons

Punishment of the crime

[criminal records] On March 27, 2014, the Defendant was sentenced to imprisonment with prison labor for not more than four months and the decision was finalized on September 26, 2014 on September 26, 2014 due to a violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users.

[2] The Defendant, from July 3, 2012, runs the unregistered loan business in the Defendant’s residence located in Seongdong-gu Seoul Metropolitan Government, from around July 3, 2012.

Where unregistered credit service providers make a loan, they shall not receive interest exceeding the interest rate of 30% per annum.

Nevertheless, on February 7, 2013, the Defendant lent KRW 2 million to E, deducted KRW 560,000 from the name of prior interest, etc., and received interest equivalent to KRW 1,540,000 per ten days on condition that he/she repaid KRW 2,40,00 on nine occasions in total.

Accordingly, the Defendant, who is a unregistered credit service provider, received interest exceeding the annual interest rate of 30%.

In the event a unregistered credit service provider grants a loan to a non-registered loan of 2014 Highest 2935, the charges of 40% per annum until October 25, 2011, and 30% per annum from the next day to July 14, 2014 are stated as "30% per annum" without distinguishing the period. However, the maximum interest rate per annum was amended on July 25, 201 and enforced on October 26, 201 pursuant to Article 2 (1) of the Interest Restriction Act, which was amended on October 26, 2011, is clearly stated in its reasoning. Since the interest rate that the defendant received exceeds the above interest rate, such a fixed rate is determined as having no particular effect on the guarantee of the defendant's right to defense, and thus, it is modified as above.

No interest shall be collected in excess of each interest rate.

Nevertheless, around February 25, 2010, the Defendant lent KRW 100,000 to F in Seongdong-gu Seoul Metropolitan Government and deducted KRW 100,000 per annum from KRW 100,000 per day on condition that he/she shall repay 100,000 per annum on ten occasions each day, and received interest equivalent to 716.5% per annum from around the above day to October 27, 2012, as shown in the list of crimes in the attached Table (1).

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