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(영문) 수원지방법원 성남지원 2018.08.22 2018고단1393
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

When a unregistered credit service provider grants a loan to a registered credit service provider of "2018 Highest 1393", the court shall not exceed 25% per annum.

Nevertheless, the Defendant, without registering with the competent authority on October 17, 2017, borrowed 2 million won to the obligor B on the condition that he/she redeems 2.4 million won for 100 days at the French coffee shop located in the Y-gu Si, Sung-nam-si, Sungnam-si, and received a payment of interest at 264.8% per annum by receiving a part of the principal and interest.

Accordingly, the Defendant received interest exceeding the autonomy of the law as the unregistered credit service provider.

A person who intends to engage in a loan business at 2018 shall register the loan business with the competent authority of the relevant place of business, and where an unregistered credit service provider grants a loan, the interest rate on the loan shall not exceed 25% per annum.

Nevertheless, the Defendant, without registering a loan business with the competent authority on September 25, 2017, lent KRW 2.5 million to E from D real estate located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, to the obligor, and received KRW 50,000,00 per annum on 53 occasions, with the annual interest rate of KRW 382.8% per annum exceeding 25% per annum, and received the interest rate of KRW 97 million from August 18, 2017 to October 12, 2017. The Defendant loaned 26 persons with the annual interest rate of KRW 183.1% per annum - 679.9% per annum as stated in the list of crimes in the attached Table.

As a result, the Defendant run the lending business without registering the lending business to the competent authorities, and was paid interest in violation of the interest rate limit.

Summary of Evidence

"2018 Highest 1393"

1. Statement by the defendant in court;

1. A copy of the investigation report (a copy of the B Statement);

1. Copy of the B statement;

1. Reporting of acceptance of personal information (based on the calculation of interest rates for each criminal fact): 2018 high-end 571;

1. Statement by the defendant in court;

1. Each police statement made to F, E, G, H, and I;

1. Each report on internal investigation (attached to a detailed statement of account);

1.The application of laws and regulations to report internal death (e.g. preparation of crime sight lists and calculation of interest rates).

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