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(영문) 수원지방법원 성남지원 2021.02.02 2020고정1033
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

A person who intends to run a loan business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business, and where an unregistered credit service provider lends a loan, the interest rate shall not exceed 24% per annum.

Nevertheless, the defendant prepared a loan contract in excess of the statutory interest rate to the loan applicant who was introduced through the seal without registration with the competent authorities, and had the right to receive the agreed principal and interest.

1) On December 17, 2019, the Defendant decided to lend three million won to E (48 taxes, women) a loan applicant E (hereinafter referred to as “C”) with the introduction of the instant case and D in front of the cafeteria located in Gyeonggi-si, Seoul.

The Defendant entered into a loan agreement with 188.5% per annum with the number of days of 50,000 won per day for 72 days of such loan, and received the principal and interest of such agreement from the KaKakao Bank F account (hereinafter “E”) from December 18, 2019 to December 31, 2019 to the Defendant’s Nonghyup Bank account (hereinafter “CF account”) in the name of the Defendant.

2) On January 2, 2020, in the “I restaurant” located in the Gyeonggi-si H, Hanam-si, Ha, a loan of five million won to E.

The Defendant entered into a loan agreement with the interest rate of 201.7% per annum with the number of days of 60,000 won per day for 100 days after deducting 5 million won of the loan from the pre-paid interest rate of 40,000 won and offsetting 20,000 won remaining after setting off the unpaid amount under the above paragraph (1), and received payment of the principal and interest on the loan from the EKaKaka Bank Account with the Defendant’s name from January 3, 2020 to February 27, 2020.

3) On February 27, 2020, the company decided to lend 5 million won to E at the end of 27th century, the end of the Hanam-si, Gyeonggi-do.

The Defendant entered into a loan agreement at an annual interest rate of 251.6% that places a mark of 75,000 won each day for 80 days after deducting 400,000 won of the loan from 5 million won to offset 2,245,000 won of the unpaid amount under the above paragraph (2), and then entered into a loan agreement at an interest rate of 251.6% each day from the E car bank account from March 4, 2020 to April 30, 2020.

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