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(영문) 부산지방법원 동부지원 2017.04.20 2017고정134
대부업등의등록및금융이용자보호에관한법률위반
Text

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

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

Reasons

Punishment of the crime

1. A person who intends to run a loan business without registration or a loan brokerage business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province having jurisdiction over the relevant place of business;

Nevertheless, the Defendant, without registering with the competent authority on December 1, 2015, lent the daily amount of KRW 4 million to the obligor F at the Busan East-gu D and the second floor “E” coffee shop, and agreed to receive KRW 100,000 per day for 65 days, and operated an unregistered loan business by lending KRW 56,680,000 of the principal amount to the obligor F during a total of eight times from around that time to July 16, 2016, as shown in the list of crimes in the attached Form.

2. Where an unregistered credit service provider grants a loan exceeding the interest rate, the highest interest rate shall not be at least 25% per annum;

Nevertheless, on December 1, 2015, the Defendant loaned KRW 500,000 to debtor F at the Busan East-gu D and the second floor "E" coffee shop, and agreed to pay KRW 500,000,000,000,000 per annum after deducting fees from fees and KRW 500,000,000 per annum for 65 days and agreed to make a change of KRW 10,000 per annum for 421.2% per annum for 65 days and received interest exceeding self-regulation, as described in the list of crimes in the attached Table, and received interest over eight times from around that time to July 16, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to detailed statements of transactions, visits to gold, copies of pocketbooks, suspect Kakao photographs;

1. Relevant legal provisions for criminal facts, and Articles 19(1)1 and 3(1) (including the operation of unregistered loan business, including the operation of unregistered loan business), Article 19(2)3 and Article 11 subparag. 1 (the receipt of interest exceeding the interest rate of a unregistered credit service provider) of the Act on the Registration of Loan Business and the Protection of Financial Users, respectively, shall be punished by a fine;

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