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(영문) 서울동부지방법원 2017.07.21 2017고정734
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The suspect has entered into an entrustment contract with Switzerland, HSBC bank, etc., and has been in charge of lending business such as lending of loans between 7 to 8 years, and credit inquiry, etc., and after the termination of the contract on January 2014, the suspect has not been in charge of the entrustment contract.

A person who intends to run a loan business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business, and where an unregistered credit service provider lends a loan, the interest rate shall not exceed 25% per annum.

Nevertheless, from January 1 to May 2015, 201 to May 2015, 2011, the suspect advertised that “The credit rating increases if a person makes a lump-sum repayment of high interest loans without being registered with the competent authorities, so he/she may receive a loan at a low interest rate again from the financial authority, but will act on behalf of the competent authorities.”

A loan requester who became aware of through telephone, text message, Internet, or paper, etc. requires the borrower to lend and repay the existing loan, thereby causing a loan by guiding another financial institution's loan products with a low interest rate after raising credit rating, and causing the loan to be made by the recipient in the same manner as the “crime List” was given in the same manner as the “crime List” and the interest was paid at a rate exceeding 25% per annum.

Accordingly, the suspect was paid interest exceeding 25% per annum while running the unregistered loan business.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to D, E, F, G, and H;

1. I Financial Transaction Statement and J Financial Transaction Statement;

1. Application of Acts and subordinate statutes to a new statement of transaction in a bank, process deed, promissory note, and a statement of transaction in a single bank;

1. Article 19(1)1 and Article 3(1) of the Act on the Protection of Financial Users and Registration of Preliminary Loan Business, etc. for Criminal Facts, and Article 19(2)3 of the Act on the Registration of Each Loan Business, Etc., and Protection of Financial Users.

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