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(영문) 창원지방법원 밀양지원 2016.04.07 2015고단279
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant shall be sentenced to two months of imprisonment with prison labor and four months of imprisonment with prison labor for the remaining crimes, respectively.

Reasons

Punishment of the crime

On January 9, 2014, the Defendant was sentenced to imprisonment for one year with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) in the Changwon District Court's smuggling support on January 9, 201, and the judgment became final and conclusive on January 17, 2014.

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

A. Although a person who intends to run a loan business or a loan brokerage business without registration is registered with the administrative agency having jurisdiction over the pertinent place of business, the Defendant borrowed the name of “D” in his/her name with the knowledge that the loan business cannot be registered under the name of the bad credit holder, and registered the loan business to use the trade name “D” for viewing, and then lent KRW 1.7 million to E around August 201 and around November 201, and loaned KRW 1.35 million to F in his/her name on October 2014.

Accordingly, from August 201 to October 2014, the Defendant run a loan business without registering the loan business in his/her name.

(b) In the event that an unregistered credit service provider lends a loan at an interest rate in excess of the interest rate, the maximum interest rate prescribed by Presidential Decree (30% per annum until July 14, 2014 and 25% per annum from July 15, 2014) shall not be exceeded.

Nevertheless, the Defendant: (a) around August 201, when the Defendant loans KRW 2,00,000 to E as collateral for the Defendant’s house located in G at G, the Defendant actually delivered KRW 1.7 million and received interest at KRW 300,000 per annum; (b) around November 2012, when the Defendant loans KRW 2,00,000 to E in front of the Defendant’s house located in G at G, the Defendant received KRW 3,00,000 per annum and received interest at KRW 2.11% per annum; and (c) on October 2014, 2014, the Defendant issued and received KRW 1,50,000 per annum from D to F as collateral for the HFD vehicle located in G at P, and received interest at KRW 1,350,000 per annum with KRW 1,353% per annum.

2. On April 10, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) is pushed down without obtaining a driver's license on a motor vehicle on April 15, 2015.

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