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(영문) 춘천지방법원 영월지원 2016.07.05 2015고단506
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to run a loan business or loan brokerage business in violation of the Act on the Registration of Side Business, etc. due to unregistered loan business and the Protection of Financial Users shall register a loan business with the Do Governor, etc. having jurisdiction over the relevant place of business by place of business;

Nevertheless, on November 3, 2014, the Defendant, without registering the loan business, engaged in the loan business with the trade name “C” from the Gangwon-gun, Gangwon-gun, and lent KRW 5 million to D, etc. In addition, the Defendant engaged in the loan business from October 1, 2014 to October 1, 2015.

Accordingly, the Defendant did not register the loan business to the Gangwon-do branch office having jurisdiction over the relevant place of business while running the loan business.

2. Where a unregistered credit service provider or an unregistered credit service provider that violated the Act on the Registration of Substitute Business, etc. due to the issuance of excess interest rates and the Protection of Financial Users lends a loan, the highest interest rate on lending and borrowing of money shall be determined within the scope not exceeding 25 percent per annum and such excess interest shall not be received;

Nevertheless, the Defendant, however, has D:

(a)a loan of KRW 5 million around November 3, 2014, and upon receipt of payment of KRW 200,000 per annum on or around the 6th of the same month, 365 percent interest at the rate of KRW 200,000 per annum;

(b)a loan of KRW 10 million on June 1, 2015; and (b) a loan of KRW 10 million on or around the 20th of the same month with a delivery of KRW 1 million interest per annum;

C. Around June 29, 2015, a loan of KRW 3 million was made, and a repayment was received on the following day, and the interest rate of KRW 600,000 per annum was received by delivery of interest and KRW 100,000 per annum was received.

Accordingly, the Defendant was granted interest exceeding the limited interest rate while lending unregistered credit service providers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written accusation of the Korea Coast Guard;

1. Application of Acts and subordinate statutes of notification of administrative disposition;

1. Article 19(1)1 and Article 3(1) of the Act on the Protection of Financial Users and Registration of pertinent legal provisions and selective loan business, etc. for criminal facts (with no registration)

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