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(영문) 대구지방법원 서부지원 2018.11.21 2018고단494
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Any person who intends to engage in loan business without registration shall register with the competent authority having jurisdiction over the relevant place of business, for each place of business;

On April 26, 2013, the Defendant lent 17.4 million won to D, who is a nurse of the above hospital, at C Hospital located in Daegu-gu, Nam-gu, without registering its lending business to the competent authorities, and according to the terms and conditions of the contract between the Defendant and D at the time of returning the principal amount, the Defendant determined the principal of the loan as KRW 2.6 million, and remitted the principal amount to D with KRW 17.4 million less than KRW 2.6 million as a prior interest. Thus, the principal amount to be repaid from D here is within KRW 17.4 million, not KRW 2.6 million, and the principal amount to be repaid from D, up to nine months as the principal and interest amount each month. In concluding a loan agreement to receive KRW 2.6 million for nine months, the Defendant granted KRW 17.4 million to D.

Defendant 1, as seen above, lent KRW 17.4 million to D without being registered with competent authorities and from the above date to March 22, 2017, and loaned KRW 1,090,065,000 in total to D over 420 times as shown in the attached list 1 of the crime inundation from the above date to March 22, 2017.

2. Where an unregistered credit service provider grants a loan exceeding the statutory interest rate, it shall not collect interest exceeding 30% per annum, which is the statutory maximum interest rate, until July 14, 2014, and 25%, which is the statutory maximum interest rate, from July 15, 2014.

On April 26, 2013, the Defendant: (a) lent 17.4 million won to D; (b) concluded a loan agreement with D to receive 2.6 million won as principal interest and principal each month until the principal is returned to D; and (c) received KRW 23.4 million as principal interest and principal from D from April 26, 2013 to December 26, 2013.

As such, the Defendant, as well as receiving interest at a rate of 76.5% per annum exceeding the statutory maximum interest rate from D, was set forth in attached Table 2, preceding paragraph to D from the above date to March 22, 2017.

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