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(영문) 대구지방법원 2016.07.14 2016고단258
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A and D shall be punished by imprisonment for 8 months, by imprisonment for 10 months, and by imprisonment for 1 year, respectively.

(b).

Reasons

Punishment of the crime

A person who intends to engage in loan business or loan brokerage business shall register with the competent authority for each place of business, and the unregistered credit service provider shall not receive interest exceeding the interest rate under the Interest Limitation Act (30% per annum until January 13, 2014, and 25% per annum from January 14, 2014), and the unregistered loan broker shall not receive any fee (hereinafter referred to as "mediation fee") that is paid from the other party to the loan in connection with the loan brokerage, regardless of its name, such as the fee, honorarium, or advance payment.

1. Defendant A (former H prior to the opening of name) did not register the lending business with the competent authority. On June 11, 2013, at the J-Cooperative office located in Daegu-gu, Daegu-gu, the Defendant lent KRW 300,000,000 to the representative L of K (ju) who is a loan broker in the introduction of C and D, and loaned KRW 18,000,000 per annum to 36% of the number of persons with a preference of KRW 18,00,000, and loaned KRW 282,00,000,000 by deducting KRW 72,00,000 from January 9, 2015, the Defendant received interest of KRW 72,00,000,000 from October 20, 2014 to October 20, 300,000 per annum as shown in the attached Table (1).

Accordingly, the Defendant engaged in unregistered loan business and received interest exceeding the limited interest rate of the unregistered credit service provider.

2. Defendant B did not register the lending business with the competent authority on July 26, 2013, the Defendant loaned KRW 200,000,000 to NN’s representative for introduction of C and D, a broker for unregistered loan, and loaned KRW 182,00,000 to 182,00,000,000 as a person with a preference of 36% per annum, and received interest equivalent to KRW 36,00,00,000 from that time until April 16, 2014, and thereafter loaned KRW 36,00,000 to 36,00,00,000 per annum from that time until June 17, 2014.

Accordingly, the defendant runs unregistered loan business and is not a registered credit service provider.

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