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(영문) 수원지방법원 2017.08.17 2016고단8328
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 5,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

"2016 Highest 8328"

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

On January 12, 2015, the Defendant did not register a loan business with the competent authorities, and, at the Defendant’s loan business office located in Suwon-si D 316, lent KRW 14 million to the obligor E at the monthly interest rate of 10 percent, and thereafter, loaned KRW 817,064,00 in total to the obligor on 112 occasions as shown in the list of crimes in attached Table 1 until March 29, 2016.

2. Where a person who has acquired an automobile in violation of the Automobile Management Act transfers it again to a third party, he/she shall make a registration of transfer of ownership in his/her name to the Mayor/Do Governor

A. On March 2, 2015, the Defendant: (a) acquired from F the H Laren car in the name of G at KRW 6,500,000; and (b) transferred the Hystren car in the name of G taken over from F around January 2, 2015 at the front of the Dong-dong elementary school located in the Suwon-si Unit at Suwon-si, which was located in the 67th unit; and (c) transferred it to F at KRW 50,000 in the name of the Defendant without having the ownership transfer registered under the name of F.

B. On January 20, 2015, the Defendant transferred 400,000 won to K a vehicle under the name of TNS Industrial Machinery Co., Ltd., which was acquired from a person who was not his/her name due to the transfer of ownership in the name of the Defendant, without having made the transfer of ownership of the vehicle under the name of the Defendant.

"2017 Highest 724"

3. Violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users (Violation of Interest Rate Restrictions) Defendant was engaged in the unregistered loan business in Suwon-si D 316 at Suwon-si.

Unregistered credit service providers do not receive interest exceeding 25% per annum, which is limited interest rate under the Interest Limitation Act.

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