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(영문) 전주지방법원 2014.02.19 2013고정1159
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A A shall be punished by a fine of KRW 4 million, and Defendant B shall be punished by a fine of KRW 1 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a person who has registered his/her credit business with the trade name “C” from May 27, 201 to February 10, 2012 and engaged in credit business. A.

On July 24, 2012, the Defendant, without registering with the competent Mayor/Do Governor, lent KRW 4,00,000,000 to E from the Yansan-gu, Seoul Special Metropolitan City, to E without registering the credit business, and offered KRW 5,440,00 to E as prior interest, from that time, 5,00,00 won was offered to him/her, and 3,440,00 won was loaned to the competent authority, such as No. 1, Nos. 4, and 13, in attached Table 1, without registering the credit business with the competent authority.

B. The interest rate shall not exceed 39% per annum when a registered credit service provider subject to registration of violation of interest rate limitation loans. In the event that an unregistered credit service provider lends a loan to E at the above place, the interest rate shall not exceed 30% per annum. On August 2, 2011, the Defendant offered a loan of 3 million won per annum, and offered a payment of KRW 9.5 million per annum as prior interest, and paid KRW 20.5 million from the above place. From October 6, 2011, the Defendant received 1790,000 as interest and received interest exceeding 39% per annum from the above E to October 6, 201, and received interest exceeding 30% per annum during the registration period of credit business as set forth in the attached Table 1 to 3, and received the payment of interest exceeding 39% per annum during the period of registration of credit business as set forth in the attached Table 4 through 13.

2. A person who intends to engage in Defendant B’s credit business shall register with the competent Mayor/Do Governor, but the interest rate shall not exceed 30% per annum if the unregistered credit service provider lends a loan to E on or before September 5, 2012, the Defendant, without registering the credit business to the competent authority, lent a loan of KRW 10 million to E from YU-gu, Busan Metropolitan City, and offered a loan of KRW 10 million from YU-gu, 920,000,000 as prior interest.

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