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(영문) 울산지방법원 2013.05.16 2013고정236
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,500,000, and by a fine of KRW 4,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. A person who intends to engage in Defendant B’s credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor having jurisdiction over the relevant place of business, and the interest rate applicable when an unregistered credit service provider lends a loan shall not exceed 30

Nevertheless, on January 31, 2012, the Defendant, without registering the above credit business, lent KRW 1.5 million to C at the Nam-gu branch in Ulsan-gu, Ulsan-gu, Seoul-gu, with the payment of KRW 1.4 million after deducting KRW 100,000 from the prior interest, paid KRW 1.40,000 per day for 49 days due to the repayment of principal and interest, and received interest exceeding the limited interest rate by lending money more than six times as indicated in the separate crime list (1) from around that time to March 21, 2012.

2. Where Defendant A grants a loan to an individual, the interest rate shall not exceed 49% per annum before July 21, 2010, 44% per annum from July 21, 201 to June 26, 201, and 39% per annum from June 27, 201.

Article 5(2) of the Enforcement Decree of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 5(2) of the former Enforcement Decree of the Act on Registration of Credit Business, etc. and Protection of Finance Users (Amended by Presidential Decree No. 22991, Jun. 27, 2011) and Article 5(2) of the former Enforcement Decree of the Act on Registration of Credit Business, etc. and Protection of Finance Users (Amended by Presidential Decree No. 22298, Jul. 21, 2010). Nevertheless, the Defendant loaned KRW 2 million from the D office in Ulsan-gu, Ulsan-gu, Seoul, one hundred and sixty thousand won after deducting KRW 1.64,00,000 from the fees, and paid KRW 1.6,000 won as interest each month from June 25, 2010 to December 22, 2012, and was paid interest (hereinafter referred to as “interest”).

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