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(영문) 수원지방법원 안산지원 2018.03.08 2017고단3565
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From May 11, 2016, the Defendant operated a lending company with the competent government office without registering the lending business. On February 7, 2017, the Defendant registered the lending business with the trade name “D” for the viewing of Non-Ycheon-si, and operated the lending company in Non-Ycheon-si E, and voluntarily closed the lending business around June 7, 2017.

1. A person who intends to run a loan business with no registered lender or to run a business in violation of a limited interest rate shall register the loan business with the agency having jurisdiction over the relevant place of business at each place of business, and shall not receive interest exceeding 25% per annum, which shall be statutoryly limited, if a unregistered credit service provider lends a loan

A. From May 11, 2016 to February 2, 2017, the Defendant committed the crime: (a) around October 17, 2016, the mutual influent car page in Yeongdeungpo-gu Seoul Metropolitan Government; and (b) on October 17, 2016, the Defendant loaned a total of KRW 1 million to the said F while lending a total of KRW 300,000 to the saidF under the pretext of the loan interest; (c) upon deducting KRW 300,000,000 from the first place, issued KRW 40,000 per day by paying interest at KRW 40,000 per day during a total of 25 days; and (d) from May 11, 2016 to February 2, 2017, the Defendant leased KRW 25,000 to the total of KRW 6,400,000,000 as indicated in the attached Table (1).

As a result, the Defendant operated the lending company without registering it, and received interest exceeding the limited interest rate.

B. On June 16, 2017, the Defendant: (a) was aware of the fact that he/she was committing the crime of around June 16, 2017 through the introduction of H in the mutual influorial car page near Gangseo-gu Seoul Metropolitan Government; (b) was not re-registered after the closure of business; (c) however, (d) KRW 2.5 million was leased to the said H; (b) was deducted by 4.3 million won under the name of the prior interest; and (c) was delivered KRW 4.6 million per day and received interest at 499.4% per annum by 49.4% per day during the total 47 days.

In this respect, the defendant did not register.

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