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(영문) 서울남부지방법원 2014.02.12 2014고정215
대부업등의등록및금융이용자보호에관한법률위반등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a massage place in the trade name of “C” on the 5th floor of the building B in eternia.

1. Where an unregistered credit service provider in violation of the Registration of Credit Business Act and the Protection of Financial Users Act loans money, the maximum interest rate under the contract for lending and borrowing of money may not exceed 30% per annum;

around 14:00 on December 20, 2012, the Defendant loaned KRW 30 million to F (n, 31 years of age) who is an employee of the massage shop operated by the Defendant in Gangnam-gu Seoul Metropolitan Government D, with a loan of KRW 3,00,000,000,000 for prior interest and fee, and provided a loan of KRW 27,000,000,000,000 for monthly interest until the principal is repaid, on condition that at least 30% of the average interest rate per annum and 206.52% interest per annum is paid;

B. On February 18, 2013, at around 14:00, the Defendant loaned KRW 30 million to H (n, 30,000,000,000 to H (n, 30,000,000,000,000 for prior interest and fee) operated by the Defendant in the vicinity of the Young-si, Suwon-si, and provided a loan on a condition that the remainder of KRW 27,000,00,000,000 shall be deducted as prior interest and fee, and that the monthly interest shall be repaid 1.5,50,000 per annum until the principal is repaid; and

C. On April 5, 2013, the Defendant: (a) lent KRW 16 million to F (n, 31 years of age) who is an employee in the massage treatment place above the “C” (hereinafter “C”); (b) received interest at an average of over 30% of the interest rate of 30,000 per annum by providing a loan under the condition that 1.2 million won shall be deducted in advance interest and commission; and (c) received interest at an average of over 303.03% per annum by providing a loan under the condition that the principal shall be repaid in advance interest and commission; and

D. On April 5, 2013, the Defendant loaned KRW 14 million to H (n, 30 years of age) who is an employee of the place of the massage procedure operated by the Defendant, on condition that the Defendant deliver KRW 1.2 million remaining after deducting KRW 2.8 million in the name of the prior interest and fee, and redeems the principal interest of KRW 1.4 million each month until the principal is repaid.

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