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(영문) 서울중앙지방법원 2014.07.10 2014고단1188
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users (hereinafter “Credit Business Act”);

(a) Any person who intends to run an unregistered credit business shall register with the Mayor/Do Governor, etc. having jurisdiction over the relevant place of business, by each place of business;

Nevertheless, the Defendant did not register the above credit business, and around October 2013, loaned 2 million won to D from Seongbuk-gu Seoul Metropolitan Government around October, 2013 to 20 persons under the same conditions as the list of crimes in the attached Form from around 2004 to October 2013, and operated the credit business by lending 668,540,000 won in total to 20 persons on 98 occasions under the same conditions as the list of crimes in the attached Form.

Accordingly, the Defendant run a credit business without registering the credit business.

B. Where an unregistered credit service provider provides loans with interest exceeding statutory interest rates, the interest rate shall be applied to the Credit Business Act from October 27, 2002 to April 21, 2009; and after April 22, 2009, the change of the maximum interest rate under the Credit Business Act applicable to the Interest Limitation Act: the maximum interest rate shall not be 6% per annum from October 27, 2002 to August 31, 2005 / the 66% per annum from September 1, 2005 to October 3, 2007 / the 206% per annum from October 4, 2007 to April 21, 2009 to the maximum interest rate of 3.4% per annum from April 22, 2009 to 3.4% per annum from April 21, 2009 to 3.4% per annum from April 20, 2010 to 3.4% per annum.

Nevertheless, the Defendant loaned KRW 2 million to D in Seongbuk-gu Seoul around October 2013, and received interest at a rate of 360% per annum exceeding 30% per annum, which is the statutory interest rate, at the time of lending KRW 2 million to D. From March 18, 2009 to October 2013, the Defendant loaned KRW 47,8488,00 in total to 15 persons as indicated in the annexed crime list from March 18, 2009 to October 2013, and received interest exceeding the statutory interest rate at the time of each loan.

Accordingly, the Defendant received interest exceeding the statutory interest rate.

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