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(영문) 부산지방법원 동부지원 2017.01.23 2016고단910 (1)
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A Imprisonment of 10 months, and Defendant B shall be punished by a fine of 3 million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

Defendant A is a person who registered and operated a mutual loan company of F in the name of Nam-gu, Busan in the name of "2016 Highest 910".

Where a credit service provider grants a loan to an individual, the interest rate shall not exceed 34.9% per annum.

around 14:00 on May 18, 2015, the Defendant loaned KRW 870,000,000, excluding KRW 130,000,000, each day on a 44-day interest rate of KRW 30,000 and received interest from the victim G and the victim H on a total of seven occasions, and received interest exceeding the legal autonomy, as shown in the annexed crime list, by lending KRW 735.3% each day on a 4-day interest rate of KRW 30,00,00, excluding KRW 130,000, out of the principal amount of the loan of KRW 1,00,000.

On June 24, 2016, the Defendant violated the Act on the Registration of Loan Business, etc. by Defendant A and the Protection of Financial Users of the High Court of Busan District Court on June 24, 2016, which was charged with non-detained of violation of the Act on the Protection of Financial Users and the Registration of Loan Business, etc. and the Non-Detention of Defendant A in the first instance trial.

Where a credit service provider grants a loan to an individual, etc., the interest rate shall not exceed the interest rate prescribed by Presidential Decree within the limit of 27.9/100 per annum.

Defendant

A around October 21, 2015, from the “F office” office of the Defendant’s operation located in Busan Nam-gu, Busan-gu, lent KRW 2,00,000 to I, after deducting KRW 500,000 per month interest, etc., and received interest of KRW 500,000 per month (per annum autonomous 400%) from the advance interest, and received KRW 13,00,000 per month from around that time to February 1, 2016, as shown in attached Table 1 for crimes committed in attached Table 1, and received KRW 21,50,000 in total under the name of interest.

Accordingly, Defendant A was paid interest exceeding the statutory maximum interest rate.

2. Defendant B

(a) a loan business in violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users (unregistered loan business); or

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