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(영문) 광주지방법원 2016.12.22 2015고정1594
대부업등의등록및금융이용자보호에관한법률위반
Text

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

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

Reasons

Punishment of the crime

1. Where an unregistered credit service provider provides a loan at an interest rate in excess of the interest rate, the loan interest rate shall not exceed 30 percent per annum;

Nevertheless, the Defendant raised funds, and C conspireds to lend money to D;

A. On March 21, 2014, “F” operated by Gwangju Dong-gu, Gwangju, as a loan of KRW 2 million, the Plaintiff loaned KRW 1760,000,000 after deducting the prior interest and KRW 2,40,000, and agreed to receive KRW 2,40,000 for every ten days, and received interest exceeding 30% per annum, the highest interest rate under the Interest Limitation Act.

B. Around May 30, 2014, “F” operated by Gwangju Dong-gu, Gwangju, as a loan of KRW 1 million to D, loaned KRW 880,000,000 after deducting 120,000 from prior interest, and agreed to receive KRW 120,000 for every ten days, and received interest exceeding 30% per annum, the highest interest rate under the Interest Limitation Act.

2. Any person who intends to engage in unregistered credit business or credit brokerage business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor, etc.

Nevertheless, without being registered, the Defendant raised funds, and C conspired to lend money, from February 2014 to May 30, 2014, offered a loan to D, G, H, I, etc. and operated credit business without being registered with the competent authority.

Summary of Evidence

1. Partial statement of witness D;

1. Entry of C in the suspect examination protocol of the prosecution;

1. Statement made by the prosecutor in relation to D;

1. Investigative reports (Calculation of interest rates);

1. The defendant asserts that no notarial deed or loan repayment revenue has been conducted in collusion with C.

However, in full view of the above evidence and the following circumstances, the Defendant raised funds and C directly raise funds to those who need to borrow funds.

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