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(영문) 대구지방법원 서부지원 2018.10.11 2018고정379
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

(a) A person who intends to run a loan business or loan brokerage business in violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users shall register the business with the 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;

Nevertheless, the Defendant is running a loan business by setting the number of days against many unspecified people in Busan, without registering the loan business with the competent Mayor/Do governor from January 2017 to September 2017.

B. The Defendant violated the Act on the Registration of Loan Business, etc. and the Protection of Financial Users (the statutory excess) is a person who was engaged in the loan business without registering the loan business as above in the Dong-dong, Jin-dong, Busan in January 2017 between September 201 and September 2017, and when a unregistered credit service provider grants a loan, the interest rate is obvious that it is erroneous in 25% per annum in light of the law applied by the unregistered credit service provider, and it is correct ex officio as there is no concern that the Defendant’s exercise of the Defendant’s right to defense may

(2) shall not exceed the limit prescribed in subsection (1) of this section.

Nevertheless, the Defendant, on January 2017, lent 5 million won to the victim B, who reported and contacted the advertisement of the leased land in the Nowon-gu Seoul Special Metropolitan City Nowon-gu, Busan Special Metropolitan City on the street.

However, a loan with a prior interest and commission fee shall be lent 4.75 million won, excluding 5% from the loan amount, and a loan with a total of KRW 100,000 won and KRW 6 million shall be paid with interest equivalent to 292.1% per annum on a daily basis for 60 days. It is clear that the annual rate is 287.5% or 292.1% per annum for 12 persons, such as victims B, etc., as shown in the attached list of crimes, and it is corrected ex officio as there is no risk of causing substantial disadvantage to the defendant's exercise of his/her right to defense (the same shall apply to the portion on which the interest rate written in the list of crimes is written). It is a loan with a total of KRW 71 million exceeding the statutory interest rate.

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