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(영문) 수원지방법원 성남지원 2018.10.10 2018고단997
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A A shall be punished by a fine of three million won, by imprisonment with prison labor for six months.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

[criminal record] On March 30, 2017, Defendant A was sentenced to 6 months of imprisonment and 10,000,000 won of a fine for violation of the National Sports Promotion Act at the Ulsan District Court on March 30, 201 and the judgment became final and conclusive on June 24, 2017.

[Criminal facts]

1. Defendant A

(a) Any person who intends to engage in a loan business without registration shall register his/her business with a Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province branch office (hereinafter referred to as "Mayor/Do Governor") having jurisdiction over the relevant place of business;

Nevertheless, the Defendant, without registering with the Mayor/Do Governor on February 16, 2016, lent KRW 13,500,000 remaining after deducting KRW 1,500,000 from KRW 15,00,000 as interest, to D around February 16, 2016, and received KRW 750,000 from March 29, 2016 and carried on a non-registered loan business.

(b) Where a credit service provider without registration in violation of the limited interest rate lends a loan to an individual, it shall not receive interest exceeding 25% per annum from July 15, 2014 to February 7, 2018.

Nevertheless, the Defendant loaned KRW 13,500,000 remaining after deducting KRW 1,50,000 as interest interest from KRW 15,00,000 on February 16, 2016 to D around February 16, 2016, and received interest of KRW 47.16% per annum by being granted KRW 750,000 on March 29, 2016 and the principal amount of KRW 15,000 on KRW 15,00,000 per annum.

2. Defendant B

(a) Any person who intends to engage in a loan business without registration shall register his/her business with a Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province branch office (hereinafter referred to as "Mayor/Do Governor") having jurisdiction over the relevant place of business;

Nevertheless, the Defendant, without registering with the Mayor/Do Governor on December 26, 2014, loaned KRW 13,500,000 remaining after deducting KRW 1,500,000 as interest interest from KRW 15,00,000, and received KRW 25,000,000 from September 9, 2015 as well as a non-registered loan business from around December 26, 2014 to April 16, 2016.

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