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(영문) 광주지방법원 2018.05.16 2018고단145
대부업등의등록및금융이용자보호에관한법률위반
Text

1. Defendant A shall be punished by a fine of KRW 5,000,000.

The above defendant did not pay the above fine.

Reasons

Punishment of the crime

1. When Defendant A and Defendant B jointly commit a loan to an individual, the interest rate shall not exceed 27.9% per annum.

Nevertheless, the Defendants conspired to engage in the lending business, etc. with the “E” at the Seo-gu Office of Gwangju, Seo-gu, 302, and agreed to make loans to debtors recruited by Internet site “F,” etc. and to receive interest exceeding the statutory interest rate.

On June 28, 2016, the Defendants loaned KRW 1.5 million to the debtor I before the law firm H, which is located in Y in Y in Y in Y in Yacheon-si, after deducting KRW 4.5 million from the advance interest, KRW 350,000,000,000, and actually lending KRW 1.3530,000,000,000 to five times each month, and the court decided to receive an interest rate of KRW 1.356,50,000 per annum and the principal amount in 4.55,000,000 per month, and from then on January 2017, the Defendants loaned KRW 3.52,000,000 to KRW 30,576,000 as indicated in the list of crimes.

2. Defendant C

(a) A person who intends to engage in a loan business without registration shall register the loan business with the Mayor having jurisdiction over the place of business;

Nevertheless, the Defendant posted a notice as “F” on the Internet website “F” without registering his/her loan business with the intention to engage in the loan business, and recruited the obligor, and loaned KRW 2 million to I at the notarial office located in Gwangju-dong, Gwangju-gu around August 18, 2016, and deducted KRW 350,000 from the prior interest, KRW 350,000 and KRW 30,000,000,000 from the notarial office located in Gwangju-gu, Gwangju-gu, and operated a loan business without registering the loan business.

(b) If an unregistered credit service provider grants a loan in excess of the statutory interest rate, the interest rate shall exceed 25% per annum, which shall be the highest interest rate under Article 2(1) of the Interest Limitation Act.

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