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(영문) 부산지방법원 2017.11.28 2017고단4415
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant

A 1-A of the judgment of the court below, 1-B of the crime committed in paragraph (1), 4-9 of the crime inundation list (1) and 1-B of the crime.

Reasons

Punishment of the crime

[criminal history] On April 29, 2016, Defendant A was sentenced to a suspended sentence of three years for a crime of violation of the Punishment of Violences, etc. Act (organization and activities of organizations, etc.) at the Busan District Court, and a suspended sentence of two years for a year for a crime of violation of Road Traffic Act (driving driving), etc., and the above judgment was finalized on September 20, 2016.

[Criminal facts]

1. Defendant A

(a) Any person who intends to engage in unregistered loan business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business by each place of business;

On August 1, 2016, the Defendant loaned KRW 3,00,000 to E (E) (hereinafter “E”) and paid KRW 2,200,000,000,000,000,000 for 8,000 won per week, without registering the loan business in front of the Defendant’s k7 passenger car parked on the road located in Suwon-gu Busan, Suwon-gu, Busan, and loaned money to two persons, such as E (hereinafter “E”), including, from the time to February 16, 2017, a total of KRW 2,95,00,000,000,000,000 for eight weeks per week after deducting the prior interest from the prior interest.

As a result, the defendant did not register with the competent Mayor/Do Governor to operate a large side business.

(b) Where a unregistered credit service provider grants a loan in violation of the interest rate limitation, it shall not receive interest exceeding the interest rate of 25% per annum;

The Defendant paid KRW 2.4 million after deducting KRW 600,000 as a prior interest at the time and place specified in the foregoing paragraph (a) and paid KRW 4.5 million per week, and concluded a loan agreement with a condition that a total of KRW 3.6 million shall be repaid for eight weeks per week, and received interest at 3.25% per annum. From February 16, 2017 until February 16, 2017, the Defendant loaned KRW 2,3150,000 to two persons, such as E, including E, for a total of KRW 2,3150,00 per annum.

(c)

A person who collects claims, such as intimidation related to the collection of claims against debtors E, is subject to collection of claims.

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