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(영문) 대구지방법원 2016.08.10 2016고정1220
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant becomes aware of unregistered credit service providers, victims B, C, and D through a branch. 1. A person who intends to engage in a loan business or loan brokerage business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province Governor, having jurisdiction over the relevant place of business.

A. On February 12, 2012, the Defendant: (a) lent KRW 5,820,000 to the victim B on condition that the applicant for a loan was paid KRW 6,000,000 after a year to the victim in the “F real estate office located in Gyeonggi-si, Gyeonggi-do; (b) and (c) thereafter, extended a loan business by lending KRW 7,390,000 over three times in total from August 17, 2012, as shown in attached Table 1, until August 17, 2012.

B. On May 23, 2012, at the same place as the above A, the Defendant run an unregistered loan business under the condition that the victim C pay 4,000,000 won after six months thereafter, and received interest.

(c)

On February 22, 2013, at the same place as the above A, the Defendant run an unregistered loan business under the condition that the Defendant repaid KRW 5,000,000 to the victim G at the same place as the above A, and received interest.

2. Violation of the interest rate limitation;

A. Defendant 1-A, like the foregoing paragraph 1-A, loaned a loan to the victim B, and received interest of KRW 1,920,000 on a total of 13 occasions over 37.1% per annum exceeding 30% per annum of the unregistered credit service provider, as shown in the attached Table 2-A, as well as the payment of interest at least 37.1% per annum by the unregistered credit service provider.

B. As stated in Paragraph 1-b. above, Defendant 1 loaned a loan to the victim C, and received annual interest of 36% per annum exceeding 30% per annum by the unregistered credit service provider, as well as interest of KRW 3,830,000 over 22 times in excess of autonomy, such as the attached Table 3.

(c)

Defendant 1-C above

A loan to victims D, such as paragraph, and the law of unregistered credit service providers is 30% per annum.

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