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(영문) 대구지방법원 2014.02.07 2013고정2856
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Any person who intends to provide loan or loan brokerage services without registration shall file for registration with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province Governor, having jurisdiction over the relevant place of business;

Nevertheless, the Defendant engaged in unregistered credit business as follows. A.

around October 2012, the Defendant lent KRW 2 million to C within 107, Daegu-gu B building 107, and offered KRW 380,000 as a prior interest fee, and offered KRW 1.620,000 as a loan at an annual interest rate of KRW 170.31 per annum on condition that 3.8,000,000,000,000,000 including the principal in one month;

B. On October 31, 2012, the Defendant lent KRW 2,00,00 to E within 203, Daegu-gu D Building No. 203, and offered KRW 3.80,000 as prior interest fee, and offered KRW 1.620,000 per annum on seven occasions, including principal, at an interest rate of KRW 170.31% per month;

C. On November 2012, the Defendant lent KRW 4 million to C at the office of the C in Daegu-gu, and offered KRW 600,000,000 as a prior interest fee, and offered KRW 3.4 million on a monthly basis at the interest rate of KRW 124.90% per annum on the condition that the Defendant shall pay KRW 600,000 per annum on nine occasions each month, including the principal, in one month;

D. On December 17, 2012, the Defendant lent KRW 5 million to H within 501,00,000 to the 501st of the Daegu-gu G Building, and offered KRW 7.50,000 as prior interest fees, and offered KRW 4.250,000,000 per annum on nine occasions each month, including principal, at an interest rate of KRW 124.90,00 per annum;

E. Around June 2013, the Defendant lent KRW 3 million to J within 203, Daegu-gu International Building No. 203, and offered KRW 450,000 as a prior interest fee, and offered KRW 2.50,000,000 as a condition that KRW 4,50,000,000, including principal, should be repaid at an annual interest rate of KRW 124.90,00,000 per month.

2. A loan to a credit service provider or a person who actually engages in credit business exceeding interest rates shall be lent to an individual or a small corporation;

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