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(영문) 부산지방법원 2018.05.18 2018고단39
대부업등의등록및금융이용자보호에관한법률위반등
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year;

4,258,436,724 won shall be additionally collected from the defendant.

2.

Reasons

Punishment of the crime

1. According to the Act on the Registration of Loan Business, etc. and the Protection of Financial Users (hereinafter “Loan Business Act”), Defendant A’s violation of the Act on the Guarantee of Interest Limitation (Receipt of Interest Exceeding the Interest Rate) (hereinafter “Loan Business Act”), where an unregistered credit service provider grants a loan, the interest rate on the loan may not exceed 25% per annum, which is the interest rate under the Interest Limitation Act.

Defendant

A around November 2014, a credit service provider, who operated an unregistered loan company (hereinafter referred to as “instant illegal loan company”) under the trade name of Q Q and R (hereinafter referred to as “ Q and R,” both as the third floor office of the building located in the Geum-gu Busan Metropolitan City P around November 201, is unregistered credit service provider.

Nevertheless, Defendant A, at the above Q office around November 21, 2014, lent 8.9 million won (one million won with a prior interest of KRW 1.1 million) to C who operates S stock company, agreed to pay the interest at KRW 1.1 million per day after 11 day and agreed to receive payment at KRW 4.10% per annum, and agreed to receive interest equivalent to 4.10% per annum from November 18, 2014 to August 31, 2017 / [Attachment] from around November 18, 2014 to around August 31, 2017 / [Attachment] from 121 companies, as shown in Table 1 of the crime day list 4.18 times to loan KRW 6.69,343,000,000 to 2,7333 times, with interest rate of KRW 4.4579 billion per annum, five hundred and nine billion (6.475 billion per annum).

In addition to this case, the summary order of KRW 10 million was finalized on September 22, 2017 by the court as to the comprehensive crime of unregistered loan business and the act of receiving interest exceeding the limited interest rate against U.S. by the debtor.

As a result, Defendant A was paid interest exceeding the interest rate under the Interest Limitation Act while running unregistered loan business.

2. Assistance in violation of the law by Defendant B, C, D, E, F, G, H, I, and J (as to the non-registered loan business and the receipt of interest exceeding the limited interest rate)

A. Defendant B’s aiding and abetting (title and lending of funds) ① On October 2014, Defendant B was at the coffee shop located in Busan Shipping Daegu on the day of October 2014.

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