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(영문) 의정부지방법원 2020.12.09 2020고단3753
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

Any person who intends to engage in credit business shall register with the competent authority having jurisdiction over the relevant place of business, and where an unregistered credit service provider lends a loan, the interest rate shall not exceed the maximum interest rate prescribed by Presidential Decree (25% per annum before February 7, 2018 and 24% per annum after February 8, 2018) within the extent not exceeding 25% per annum.

1. Nevertheless, on November 17, 2017, the Defendant: (a) at a coffee shop where it is difficult to find out the trade name at which no detailed address is unknown; (b) determined that the interest rate of KRW 20,00,000 per annum (1,400 per annum, 7% per annum) was set at 84%; (c) around that time, the Defendant paid only the remainder of KRW 17,20,00,000 to the above B; (d) received interest of KRW 17,20,000 from KRW 30,00 per annum from December 22, 2017 to November 6, 2018; and (d) received from the above 00,000,000,000 won per annum 30,000,000 won per annum interest rate of KRW 10,000,000,000 per annum and 10,008,000 won per annum interest rate per annum.

2. Nevertheless, the Defendant: (a) at a credit business office without a trade name operated by the suspect in the Gu-Si of Gu-si around July 10, 2018, the Defendant loaned KRW 20,000,000 to D without being registered with the competent authority; (b) at a rate of 120% per annum (10% per annum); (c) around that time, the Defendant received 10% interest per month from the said D; and (d) around October 2, 2018, the Defendant did not register with the competent authority.

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