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(영문) 광주지방법원 2013.04.19 2012고단6277
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

1. The Defendants registered credit business from September 3, 2007 to May 29, 2008, with the trade name “E” and “YYYYYYYON-gu, the competent authority, from September 3, 2007 to May 29, 2008.”

2. Of the registration of credit business, a credit service provider, which has exceeded the interest rate, shall not receive the interest of the loan exceeding the interest rate stipulated in the Enforcement Decree of the former Act on Registration of Credit Business and Protection of Finance Users (amended by Act No. 9344, Jan. 21, 2009; hereinafter “former Credit Business Act”).

A. On January 14, 2008, the Defendants entered into a contract with H to receive interest of KRW 500,000 per annum for three months from the above H, and received interest equivalent to KRW 63.16% per annum on the principal from the apartment park that may well know the name in the Seo-gu, Seo-gu, Gwangju, Gwangju, by lending KRW 9.5 million to H to receive a loan in the name of G.

Accordingly, the Defendants conspired to pay interest exceeding the interest rate (49% per annum) stipulated in the above Enforcement Decree and violated the restriction on the interest rate.

B. On May 19, 2008, the Defendants entered into a contract with H to obtain a monthly interest of KRW 750,000,000 from the said H to receive an interest rate of KRW 63.16% per annum, while lending KRW 1,425,00 to H to obtain a loan in the name of G at the I farm of the Jeonbuk-gun, Jeonbuk-gun.

Accordingly, the Defendants conspired to pay interest exceeding the interest rate (49% per annum) stipulated in the above Enforcement Decree and violated the restriction on the interest rate.

3. Any person who intends to run a credit business without registration and a credit business exceeding the interest rate shall register his/her business with the competent authority having jurisdiction over the relevant business establishment at each business establishment, and shall not collect the interest for his/her loan in excess of the interest rate provided for in the Enforcement Decree of the Act on Registration of Credit Business, etc.

Defendants are not registered with the competent authority, and around September 2, 2008.

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