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(영문) 제주지방법원 2017.11.30 2017고단1349
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

1. A person who intends to engage in a loan business that violates the regulations prohibiting loan business without registration shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor having jurisdiction over the relevant place of business;

Nevertheless, from September 5, 2014 to April 25, 2016, the Defendant used a loan business without registration on the condition that an unspecified number of people receive interest at an interest rate equivalent to 133.33% or 1121.14% per annum, without being registered in the members of the Chungcheongbuk-do including Chungcheong-si and Sejong-si, Pyeongtaek-si, and Jeju-si, as shown in the list of crimes in the attached list of crimes.

2. The Defendant is an unregistered credit service provider and the unregistered credit service provider should not collect interest exceeding the interest rate of 25% per annum if the unregistered credit service provider lends a loan.

Nevertheless, on September 5, 2014, at a place where it is difficult to know a place below the Hapong-gun, the Defendant paid C the principal of KRW 6 million less 300,000,000,000 per annum, and received 120,000 per annum from 120,000,000 per annum and received interest at an interest rate equivalent to 368.33% per annum from around that time to April 25, 2016, as shown in the list of crimes in the attached Table, and received interest at an interest rate of KRW 243,00,000 per annum 13.33% or 1121.14% per annum, as shown in the list of crimes.

3. No one, other than a person who has registered his/her non-registered credit service provider for a loan business in violation of the advertisement prohibition regulations, may advertise his/her loan business;

Although the Defendant did not register the lending business, the Defendant produced a name address on the day from June 2015 to July 201 of the same year stating the contents such as the “on the day”, the loan available on the day, D, etc. without having access to credit by telephone, and advertised the lending business by means of distribution of approximately KRW 8,000 copies of approximately KRW 8,00 in daily stores, commercial buildings, housing, etc. at the same time.

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