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(영문) 대구지방법원 2013.07.24 2013고정1644
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by a fine of KRW 3.5 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who engages in unregistered credit business, and Defendant B is an employee at a unregistered loan business establishment operated by Defendant A.

Any person who intends to run a credit business as a business or brokerage of money shall file for registration with the Mayor/Do governor having jurisdiction over the place of business, and any person who intends to run a credit business shall be prohibited from receiving the interest exceeding 30/100 of the unregistered credit business.

Nevertheless, Defendant A provided a loan to a person in need of money while operating a registered credit service office without any separate name and office, and Defendant B offered a loan to the following reasons: (a) he gets on and off the off the off-to-land to publicize the loan business; or (b) Defendant A lent money to a person in need of money.

1. On September 2012, the Defendants lent KRW 1,00,000 to D from “C” located in the Daegu-gu Nowon-gu Nowon-gu Seoul metropolitan market, and deducted KRW 30,000 as a prior interest and a fee, and lent KRW 970,000 per day with KRW 20,000 per day as a repayment rate of KRW 60,000 per annum.

2. On October 2012, the Defendants lent KRW 1,00,000 to G from the “F Research Institute” located in Seo-gu, Daegu to G, and leased KRW 30,000 as prior interest and commission fees, and leased KRW 970,000 per day, 20,000 per annum as a condition for repayment of KRW 60,00 per annum.

3. On February 15, 2013, the Defendants lent KRW 1,00,00 to J at “I restaurant” located in Daegu-gu, Daegu-gu, to J, after deducting KRW 30,000 as a prior interest and fee, and lent KRW 970,000 per day with KRW 20,000 per day as a repayment rate of KRW 60,000 per annum.

Accordingly, the Defendants conspired to engage in credit business by making registration without registration and received interest exceeding 30/10 of the limited persons.

Summary of Evidence

1. Defendants’ legal statement 1.

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