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(영문) 수원지방법원 여주지원 2013.04.08 2012고단616 (1)
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From December 12, 2008 to March 7, 2012, the Defendant: (a) operated a mutual lending company registered with the Mayor of Leecheon-si and operated an unregistered lending company after reporting the closure of business; (b) operated the lending company after reporting the closure of business; and (c) as an employee in charge of distribution of advertising leaflets, loan agreements, and collection of gold by the lending company.

1. Where a credit service provider that violates the restriction on interest rates of a registered credit service provider lends a loan to an individual or a small corporation determined by the President, the interest rate shall not exceed 39% per annum;

Nevertheless, on September 201, the Defendant, in collusion with D on September 2, 201, lent KRW 3,00,000 to G from the F main point located in the second floor E in the Young-gun E of the Seocho-gun, calculated the interest rate of KRW 3,45.8% per annum, and agreed to receive KRW 50,000,000 including the principal and interest every day for 76 days, and loaned KRW 2,70,000,000 after deducting KRW 3,000,000,000 per day under the name of prior interest, in excess of the interest rate limit over five times as shown in the attached Table of Crimes

2. Any person who intends to engage in a business of lending money in violation of restrictions on the interest rates of unregistered credit service providers and unregistered credit service providers shall register with the Mayor/Do Governor having jurisdiction over the place of business, and where unregistered credit service providers make a loan, the loan shall not exceed 30 percent per annum under the Interest Limitation Act;

Nevertheless, on March 9, 2012, the Defendant, in collusion with D, did not register a credit business and lent 2 million won to J at the I Office located in Eth-si, Leecheon-si, to calculate the interest rate of 260.2% per annum exceeding the restriction rate, agreed to receive 30,000 won, including the principal and interest, for 77 days each day, and provided a loan of 1940,000 won after deducting 60,000 won under the name of the prior interest, as shown in the attached list of crimes (2).

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