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(영문) 서울중앙지방법원 2016.05.19 2016고단1665
대부업의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From April 2015, the Defendant is a person who has run a loan business with the trade name “C” in Mapo-gu Seoul Metropolitan Government B and 102 until then.

1. Violation of the Act on the Registration of Loan Business and the Protection of Financial Users;

(a) Any person who intends to engage in a loan business without registration shall register with the competent authority having jurisdiction over the relevant place of business, for each place of business;

Nevertheless, on July 2015, the Defendant, without registering with the competent authorities, loaned KRW 1.5 million to D during the period of contract, KRW 65 days, KRW 80,000,000 for the first day, and KRW 30,000,000 for the next 65 days, from the first day of the Dong-dong, Seoul Special Metropolitan City (Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City) to D.

In addition, from July 2015 to September 2015, the Defendant used a loan business without registering a loan business by lending a total of KRW 22 million over 18 times, as shown in attached Table 1 to 17, and 19, such as a list of crimes committed during the period from July 2015 to September 2015.

(b) No credit service provider that fails to register its loan business with the point of receipt in excess of statutory interest rates may receive interest at a rate exceeding 25% per annum.

Nevertheless, on July 2015, the Defendant loaned KRW 150,000 to D in the Jeon Dong-dong, Seoul, Dong-dong, Dong-dong, Seoul, with the term of contract of KRW 65 days, KRW 80,000 per day, and KRW 30,000 per day, and then received interest of KRW 321.4% per year exceeding the legal interest rate of KRW 30,00 per day for 65 days.

In addition, from July 2015 to September 2015, the Defendant loaned 2 to 4, 7 to 10, 12 to 15, 17, and 19, a total of 12 times, such as the annexed list of crimes, and the court received interest exceeding 30% self-regulation.

2. No person who violates the Electronic Financial Transactions Act shall keep any access medium for the purpose of using it for a crime;

Nevertheless, the defendant is paying interest and principal from the debtor while running the business without registration as above.

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