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(영문) 서울서부지방법원 2021.03.24 2020고정1220
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

Defendants are those engaged in unregistered loan business in the name of “C” in Eunpyeong-gu Seoul Metropolitan Government and Gyeonggi-si.

Any person who intends to engage in loan business shall register his/her office with a Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province branch having jurisdiction over the relevant place of business, and shall not receive interest exceeding 24 percent per annum.

Nevertheless, on June 8, 2020, the Defendants: (a) lent the door on the street, stating “Unsecurity, Unguaranteed loan, day loan, bad credit prices, fluenite interest reduction and exemption, and OK,” to D who reported and contacted D on June 8, 2020; (b) agreed to receive KRW 40,000 per annum by 60,000 per annum; (c) lent KRW 1,81.9% per annum after deducting the advance interest and KRW 200,000 per annum; and (d) agreed to receive KRW 20,000 per annum 60,000 per annum from E on the same day after deducting the advance interest and KRW 1,000 per annum 3,60,000 per annum; and (d) agreed to receive KRW 360,000 per annum 60,000 per annum 3636,000,000 per annum; and (e) made a loan to E on the same day.

Accordingly, the Defendants conducted loan business without registration, and loaned money exceeding the interest rate limit.

Summary of Evidence

1. Defendants’ legal statement

1. A report on the results of a program for submitting smartphone evidence;

1. A CD (the details of smartphone calls, contact information, text message), loan application, etc.;

1. Application of Acts and subordinate statutes to each investigation report (calculated the interest rate, confirmation of the date of loan, etc.);

1. The registration of each loan business, etc. under each relevant provision of the Act on the Protection of Financial Users and the Selection of fines, Article 19(1)1, Article 3(1)3, Article 19(2)3, and Article 11(1) of the Act on the Protection of Financial Users for criminal facts; Article 30 of the Criminal Act;

1. The former part of Article 37 of the Criminal Code for the aggravation of concurrent crimes;

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