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(영문) 수원지방법원 2019.06.14 2019고단973
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for six 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

1. Violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users;

(a) Any person who intends to operate a unregistered credit business shall register with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan City Mayor, or the Special Self-Governing Province Governor

Nevertheless, on January 2, 2018, the Defendant, without registering a credit business, lent KRW 300,000 to B, from that time, to March 7, 2018, the Defendant loaned KRW 24,750,000 in total to many debtors at a non-place, such as Suwon, Incheon, and Pyeongtaek, such as the list of crimes (1).

Accordingly, the Defendant operated credit business without registering the credit business.

(b) If a credit service provider to whom interest exceeds the statutory interest rate makes a loan, it shall not receive interest exceeding 27.9% (24% per annum in the case of an unregistered credit service provider) of the statutory interest rate prescribed by Presidential Decree;

Nevertheless, the defendant set forth in Paragraph 1 A.

At the time, at the place, as described in paragraph (1), the interest rate of 384% per annum exceeding the statutory interest rate was received from B from March 7, 2018, and from that time, from March 7, 2018, 12,153,00 won was loaned 55 times as stated in the attached list of crimes (1) and paid 12,153,000 won exceeding the statutory interest rate of the unregistered credit service provider. From July 16, 2018 to August 27, 2018, 200 won was loaned 94 times as stated in the attached list of crimes (2) and paid 20,29,000 won interest exceeding the statutory interest rate of the registered credit service provider.

Accordingly, the Defendant received interest of KRW 32,452,00 in total exceeding the statutory interest rate.

2. On January 2, 2018, the Defendant violated the Act on the Regulation and Punishment of Criminal Proceeds Concealment, etc., (i) loaned KRW 300,000 to B, and (ii) around February 9, 2018, including interest at least 384% per annum exceeding the statutory interest rate with D Association Accounts (E) in C’s name.

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