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(영문) 의정부지방법원 고양지원 2017.11.23 2017고단2649
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, without registering a loan business, placed a loan advertisement on “Ba”, which is an Internet lending advertising site, and used money to pay money. However, if users who have no longer been granted a loan in the financial right reported the above advertisement, the Defendant: (a) contacted the borrower directly; (b) made the borrower contact his personal information to his employees; (c) made the lending customer data by having the borrower contact the lender; and (d) lent money at a high interest; (b) made the lending business by means of threatening the debtor using personal information recorded in the said data without paying the money; and (c) had the obligor pay the money.

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

(a) A person who intends to run a loan business without registration or a loan brokerage business shall register with the competent authority having jurisdiction over the relevant place of business by place of business;

Nevertheless, the Defendant, from around August 8, 2016 to December 5, 2016, at an irregular office (hereinafter referred to as the “Seongdong”), from around December 2016 to around April 2017, at the Sungdong-dong Seoul Seongdong-gu office (hereinafter referred to as the “Seongdong-dong”) and from around April 2017 to around May 7, 2017, the Defendant lent the amount of KRW 402 to E, F, G, H, I, J, J, K, L, and M to the end of Seoul Special Metropolitan City-gu D Building from around May 8, 2017 without registering its loan business, and then lent the amount of KRW 1 to 30% per annum, 1 to 40% per annum, 50% per annum, 1 to 50% per annum, 40% per annum, 50% per annum, and 50% per annum, from around May 8, 2017 to around June 5.

Accordingly, the defendant was engaged in a non-registered loan business.

(b) Where an unregistered credit service provider makes a loan in excess of the interest limit rate, the interest rate shall not exceed 25 percent (25%) per annum;

Nevertheless, Defendant E, F, G, H, I, J, K, L.

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