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(영문) 대구지방법원 경주지원 2019.01.30 2018고정168
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Violation of the Act on Registration of Credit Business and Protection of Financial Users;

A. Although a person who intends to operate a credit business without registration is registered with the competent authority, the Defendant leased money to an unspecified number of unspecified persons without registration with the competent authority, and received the principal and interest thereof from August 2, 2017 to December 2, 2017.

Accordingly, the Defendant, without registering, engaged in credit business.

(b) cannot exceed the interest rate of 25 per annum where an unregistered credit service provider grants a loan to the unregistered credit service provider that receives more restrictions than the rate.

1) When lending 4.6 million won to C around November 1, 2017, the Defendant agreed to receive a total of KRW 52,200,000 per day on a 100-day basis, and received an average of KRW 52,000 per day from around that time to December 4, 2017, respectively. (2) The Defendant was paid KRW 1.3 million per month when lending 1.3 million to D around September 13, 2017, and the Defendant was paid KRW 1.3 million per month on a monthly basis on a 1.3 million basis on a 1.3 million basis on around October 12 of the same year; KRW 1.3 million as the principal and interest on a 1.3 million as the principal and interest on a around July 2018; and KRW 650,000 as the name of principal and interest on a 6.48 March 2018.

3) The Defendant loaned KRW 10 million to E on December 7, 2017, and received KRW 13 million in total over ten months each month. Around December 22, 2018 of the same year, the Defendant paid KRW 1.3 million as principal and interest, and around February 1, 2018, paid KRW 300,000 as interest. Accordingly, the Defendant, a credit service provider, who was unregistered, received interest exceeding the interest rate of KRW 25% each year, as indicated in the foregoing paragraphs (i) through (iii). 2. A debt collector who violated the Fair Debt Collection Practices Act was prohibited from assaulting, threatening, arresting, or arresting a debtor or his related person in connection with debt collection, or using deceptive schemes or force against him. Nevertheless, the Defendant lent money to the victim C (a woman and 56 years of age) around August 2016.

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