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(영문) 수원지방법원 안산지원 2018.12.06 2018고단3524
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

The defendant is a person who operates a mutually unsound loan company in Ansan-si, and a person who intends to engage in a loan business is registered with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province branch having jurisdiction over the relevant place of business, and the unregistered credit service provider shall not receive interest exceeding the interest rate of 25% per annum prescribed by the Interest Limitation Act.

Nevertheless, the Defendant did not register the loan business;

1. Around April 4, 2017, the Defendant’s vehicle parked on the road near the office located in Ansan-si, a member of Ansan-si, loaned KRW 3,00,000 to B, and paid KRW 2,790,000 by deducting the interest rate of KRW 210,000,000, and the interest was paid at the interest rate of KRW 54.9% per annum exceeding 25% per annum by receiving interest rate of KRW 210,000 per annum on 100.

2. In lending KRW 3,00,00 to D within the Defendant’s vehicle parked in the public parking lot of the hospital C in Ansan-si, a member of Ansan-si, around June 2017, KRW 2,790,000 after deducting the interest rate of KRW 210,00 from the interest rate, and KRW 2,790,000 was paid in one month by receiving interest rate of KRW 210,000 from the interest rate of KRW 25% per annum.

3. On August 10, 2017, the Plaintiff loaned KRW 2,00,00,000 to E in front of the former office of Ansan-si, the Plaintiff paid KRW 1,860,000 by deducting the interest rate of KRW 140,00 from the interest rate of KRW 1,860,000 on the 90-day interest rate, and the Plaintiff received interest at the interest rate of KRW 122.1% per annum exceeding 25% per annum on the 90-day interest rate.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B or D;

1. E statements;

1. Application of Acts and subordinate statutes on loans;

1. Article 19(1)1 and Article 3 of the Act on the Registration of Preliminary Loan Business, etc. for Criminal Facts and the Protection of Financial Users (hereafter “PS”) and Article 19(2) of the Act on the Registration of respective Loan Business, Etc. and the Protection of Financial Users.

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