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(영문) 의정부지방법원 2017.07.14 2017고단1017
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for one year and a fine of fifty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Violation of the Act on the Registration of Loan Business and the Protection of Financial Users;

A. On January 2, 2015, the Defendant received a request for a loan from E, without registering with the competent authority, from the Government-si, Da, 308 Dong 1501, which reported small amount of loan advertisement, etc. at the lending business office of Gyeonggi-si, 308 Dong 1501, the Defendant purchased goods equivalent to KRW 96,00 through E’s mobile phone settlement method using personal information transferred from E after accessing the Internet cane site and then made payment with E’s mobile phone use fee after one month. The above goods were to be paid 60,000 won after deducting KRW 36,100 from E’s interest, i.e., delivery of KRW 60,00,000 from E, from the date of acquisition to October 13, 2016, deducted KRW 7,316,164,165,170 from the total amount of money under the name of E’s mobile phone use fee.

Accordingly, the defendant did not register with the competent authorities and run the lending business.

B. The Defendant: (a) lent KRW 96,00,00, which is an amount obtained by deducting KRW 36,000, as prior interest, at the time and place specified in the foregoing paragraph (a) at a time and place specified in the foregoing paragraph (a); (b) granted KRW 60,00,000, which is an amount calculated by deducting KRW 36,00,00, and (c) granted KRW 450.8% interest at a rate exceeding the statutory interest rate; and (d) granted KRW 1,612,460,510 by the same method over a total of 7,315 occasions as indicated in the list of crimes in the attached list of crimes committed in the same manner, and granted KRW 1,30,472,657 after deducting the interest of a line exceeding the statutory interest rate.

Accordingly, the Defendant received interest exceeding the statutory interest rate as a unregistered credit service provider.

(c)

A credit service provider or credit financial institution shall be neither a credit service provider nor a credit financial institution.

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