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(영문) 대구지방법원 2012.09.26 2012고정2489
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 9,000,000, and by a fine of KRW 4,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

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

(a) Defendant A is the former State, and Defendant B is an employee of the same State, Daegu Suwon-gu C, and a credit service provider, when granting a loan to an individual, may not exceed 39% per annum (3.25% per annum per annum) which is the interest rate determined by the Presidential Decree.

On December 15, 201, the Defendants lent KRW 1,00,00 to E at the Guro-si D restaurant, and then deducted KRW 1,00,000 after deducting fee of KRW 100,000,000,000 per day, and received KRW 1,300,000 per annum for 65 days in 1,24% per annum, and borrowed KRW 3,00,000 to 3 persons, such as E, such as attached list 1, and violated the interest rate limitation by receiving KRW 1220,00 per annum.

B. The Defendants shall register with the Mayor of Seoul Special Metropolitan City when they intend to engage in a credit business that lend money as those engaged in the credit business without trade name.

From January 31, 2012 to May 19, 2012, the Defendants stated that “number of days” is “number of days” without being registered in the Gangdong-gu Seoul Metropolitan Government F and 103 (G), and carried out unregistered credit business by lending to two persons, including E, from the Guri-si Si, Si, etc. located in the Gyeonggi-do to the Guri-si, Si, etc. at which the telephone liaison is coming off.

C. The Defendants cannot exceed 30% per annum (2.5% per month) as stipulated in the Interest Limitation Act when making a loan to an individual.

On February 20, 2012, the Defendants lent KRW 1.5 million to E at the Guro-si D restaurant, and received KRW 1.550,000 after deducting KRW 1.550,000 from the deduction of KRW 1.550,00 won per day, and violated the interest rate limit by receiving KRW 1.550,00 won per annum 30,000 won per day, and then lent KRW 4.5 million to two persons, such as E, as shown in the list of crimes in the attached Form 2, and violated the interest rate limit by receiving KRW 1.8 million per day.

2. Defendant B who violates the Fair Collection of Claims Act shall engage in credit business, and claim under a loan agreement.

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