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(영문) 광주지방법원 2017.07.13 2017고단1899
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A Imprisonment for 10 months, 4 months, 6 months, and 3,00,00 won, 3,000,000 won.

Reasons

Punishment of the crime

Any person who intends to engage in loan business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Metropolitan Autonomous City Mayor, or Special Self-Governing Province branch having jurisdiction over the relevant place of business, and where an unregistered credit service provider grants a loan, he/she shall not receive interest exceeding the highest interest rate under the Interest Limitation Act (30% per annum from October 26, 201 to July 14, 201, and 25% per annum from July 15, 201 to the date).

1. The Defendant did not register the lending business with the competent authority, and revised the facts charged as stated in the indictment that received interest rate exceeding KRW 33,287,671 from the M office located in Gwangju Mine to O who is the operator of the N company, around January 16, 2015, KRW 50 million around April 2, 2015, KRW 50 million around April 17, 2015, KRW 250 million around April 2015, KRW 30 million and KRW 300 million from the repayment of the interest rate of KRW 33,287,671 under the Interest Restriction Act.

The 300 million won stated in the bill of indictment is the money in which the principal and interest have been paid together.

The Defendant, as well as this, from June 17, 2015, lent a total of KRW 1.495 billion to the foregoingO over five occasions, such as the first installment of the Crimes List 1,40,000,000 won, and received reimbursement of KRW 1.713,000,000 won, and received interest exceeding KRW 173,071,918 under the Interest Limitation Act.

Accordingly, the Defendant engaged in unregistered loan business and received interest exceeding 25% per annum.

2. Defendant B did not register the lending business with the competent authority, and around April 20, 2012, the Defendant lent KRW 30 million to O who is the operator of the N Co., Ltd at the distribution office of the Seo-gu P building in Gwangju-gu, Gwangju and received reimbursement of KRW 31 million around April 23, 2012.

In addition, until December 24, 2014, the Defendant lent a total of KRW 640,000,000 to the aboveO over eight occasions, as shown in [Attachment Table 2] List of Crimes, and received reimbursement of KRW 677,700,000,000, and received interest from the highest interest rate under the Interest Limitation Act exceeding KRW 32,227,397.

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