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(영문) 대구지방법원 서부지원 2012.09.12 2012고정1042
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 29, 2012, the Defendant was sentenced to a suspended sentence of two years on September 8, 2012 due to a violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users.

1. Any person who intends to operate a credit business shall file for registration of the credit business with the competent administrative agency having jurisdiction over the relevant place of business by each place of business;

Nevertheless, on December 28, 201, the Defendant did not register credit business, and around February 28, 201, lent KRW 1 million to C in front of the Daegu-gu B apartment, Daegu-gu, Daegu-gu, and KRW 1 million to E in front of the 102 D apartment 10,000,000,000 to B with telephone in March of the same year, and operated credit business by lending KRW 1,00,000 to B with telephone in March of the same year.

2. Where a person who actually runs a credit business without registering the credit business makes a loan to an individual, the lending rate shall not exceed 30 percent per annum, the limit prescribed by the Presidential Decree.

Nevertheless, the Defendant:

A. A. Around December 28, 201, in lending KRW 1 million to C in front of the Daegu-gu B apartment around December 28, 2011, the service fee of KRW 70,000,000 and KRW 870,000,000,000,000,000 were paid in cash, and the repayment period of KRW 65 days was agreed to receive a total of KRW 1,30,000,00,000,000 including the principal and interest every day (277.5% per annum) including the principal and interest (277.5% per annum), and

B. Around February 3, 2012, in lending KRW 1,00,00 to E in front of the Daegu-gu D Apartment 102, the amount of KRW 70,000,000,000 and KRW 870,000,000,000,000,000 were given, and the repayment period was 65 days, with an agreement under which 20,000,000 won was paid in total, including the principal and interest (277.5% per annum) including the principal and interest on each day (277.5% per annum), and the interest was paid in excess of the restricted interest rate

C. In lending KRW 1 million to C by telephone in March 2012, 2012, fees shall be KRW 70,000,000,000,000 and 60,000,000,000,000,000,000.

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