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(영문) 대구지방법원 포항지원 2013.06.27 2012고정635
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Where an unregistered credit service provider violates the Act on Registration of Credit Business, etc. and Protection of Financial Users following the violation of the interest rate limitation, he/she shall not receive interest exceeding 30% of the interest rate;

A. On August 12, 2011, the Defendant was paid KRW 3.1.5 million from C under the name of principal and oil value around August 23, 2011, which was after the 11th day.

Accordingly, the Defendant received interest equivalent to the interest rate of 165.9% per annum from C.

B. From October 201 to November 201, the Defendant loaned KRW 100,000,000,00,000,000 to F, calculated at the rate of 10% per month while lending KRW 2,00,000,00 to F, who committed the crime from early October 201.

Accordingly, the Defendant received interest equivalent to the interest rate of 133.3% per annum from F.

C. From December 2, 2011 to February 2012, the Defendant was above the Defendant around December 26, 201.

At the same place as Paragraph 1, F lending KRW 3 million to F, and lending KRW 150,000,000,000,000 calculated at the rate of 5% per month, to F, and lending KRW 2,00,000 to F at the same place as above on December 31, 201, and lending KRW 2,00,000 per month, and lending KRW 1,90,000,000,000 as calculated at the rate of KRW 5,00 per month on February 2012.

Accordingly, the Defendant received interest equivalent to the interest rate of 63.1% per annum from F.

2. The Defendant violated the Act on Registration of Credit Business, etc. and Protection of Financial Users due to Unregistered Credit Business, without registering the credit business to the competent administrative agency from August 201 to February 2012, 201, operated the credit business as stipulated in the above paragraph (1).

3. Claims collectors, including any person who actually engages in credit business without registering the credit business in violation of the Fair Collection of Claims Act, shall be subject to the collection of claims that are all acts to obtain the satisfaction of claims.

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