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(영문) 서울중앙지방법원 2013.07.26 2012고정6661
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Any person who intends to run a credit business shall register his/her business with the competent administrative agency having jurisdiction over the relevant business office, and where an unregistered credit service provider lends a loan, he/she shall not receive interest exceeding the interest rate of 30% per annum.

1. Around February 6, 2012, the Defendant, without registering with competent authorities, provided that C, who wishes to obtain a loan under B-102 from Seo-gu Incheon, Seo-gu, Incheon, would be paid KRW 40,000 per day for 60 days, and loaned KRW 2 million per day to D around February 16, 2012, KRW 500,000,000 to E, around February 17, 2012, and KRW 150,000 to E, and KRW 3 million on February 23, 2012, run credit business without registration.

2. Around February 6, 2012, the Defendant lent KRW 2,00,000 to the debtor C at the same place as before, and around 6, 2012, the Defendant loaned KRW 2,40,000 per day to the debtor and paid KRW 2,40,000 per day, thereby lending to the effect that the interest rate is 236%.

Accordingly, the Defendant loaned a loan exceeding the statutory interest rate.

3. Around February 16, 2012, the Defendant lent KRW 5 million to D, the debtor, at the same place as before and after the preceding paragraph, and had D repay a total of KRW 6 million per day for 60,000 per day, thereby lending at the rate of 236%.

Accordingly, the Defendant loaned a loan exceeding the statutory interest rate.

4. Around February 17, 2012, the Defendant lent KRW 1.5 million to E, a debtor, at the same place as before and after the preceding paragraph, and had 3,000 won repaid a total of KRW 1,950,000 per day for 65 days, thereby lending at a rate of 327%.

Accordingly, the Defendant loaned a loan exceeding the statutory interest rate.

5. Around February 23, 2012, the Defendant lent KRW 3 million to F, a debtor, at the same place as the preceding paragraph, at the same time as before and after February 23, 2012, and demanded repayment of KRW 3,60,000 per day, thereby lending at a rate of KRW 236% per day.

Accordingly, the Defendant loaned a loan exceeding the statutory interest rate.

Summary of Evidence

1. Each statement of the police suspect interrogation protocol against the accused;

1.F.

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