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(영문) 부산지방법원 동부지원 2015.01.06 2014고단1907
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendants are innocent.

Reasons

1. Defendant A operated a lending company of “G” in Busan Southern-gu F and 1907, and Defendant B and C worked as an employee of “G”.

Where a credit service provider grants a loan to an individual, the interest rate shall not exceed 39/100 per annum.

Nevertheless, Defendants B and C conspired to attract customers by advertising “G” with the phrase “small loan company specialized in microcredit” on the Internet B, etc., and loaned KRW 1.5 million to H, who visited the said advertisement at the Office of “G” on November 4, 2013 and received KRW 30,000 per annum 127% interest per annum by having H receive interest from 101 persons including H, including the mobile phone opening and opening a mobile phone and receiving KRW 261,00 per annum from J to 4 March 2014, by having H receive KRW 120,920,000 in total from 10,000,000 to 101 persons including H, including the mobile phone opening and opening a mobile phone and receiving 30,000 won for 50,000 won per annum.

2. Article 8 of the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”) provides that where a credit service provider grants a loan to an individual, the interest rate shall not exceed the rate prescribed by Presidential Decree (Article 1). In calculating the interest rate, the credit service provider’s receipt of a loan in relation to a loan, regardless of its name, such as a reward, discount, fee, fee, mutual aid, overdue interest and substitute payment, shall be deemed interest.

(2) The purport of Article 8(2) of the Credit Business Act is to collect money from credit service providers under the name of honorariums, discount fees, fees, mutual aid funds, interest in delay, interest in advance, etc., and to collect such money from debtors.

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