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(영문) 인천지방법원 2017.08.23 2017고단3931
대부업등의등록및금융이용자보호에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is employed by B. The Guro-gu Seoul Metropolitan Government Building 2 Complex 504, “D” in Article 504, without registering with the competent authority, runs the lending business of lending money to the women of the business establishment who reported and contacted the advertisement “E” in the Internet website “E” without registering with the competent authority. The Defendant ordered to prepare a loan contract with only the women of the business establishment under the direction of the above B, and transfer money to the debtor’s account, and deliver the principal and interest of the loan each day from the day following the expiration of the period of credit.

In collusion with B, the Defendant did not register a loan business with the competent authority, and around May 25, 2016, around F302, loaned KRW 1.5 million to G to the debtor in the vicinity of Gangseo-gu Seoul Metropolitan Government F302, and paid KRW 4.55 million per annum after deducting KRW 4,50,000,000 from the commission and crew interest, and received interest equivalent to KRW 903% per annum on a daily basis for 30 days, and received from the debtor 40 times until June 3, 2016 as shown in the annexed crime list.

As a result, the Defendant in collusion with the competent authorities without registering the lending business, and the court received interest exceeding the autonomy of the law.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on a copy of a loan agreement;

1. Relevant Article 19(1)1 and Article 3(1) of the Act on the Registration of Preliminary Loan Business, etc. and Protection of Financial Users concerning criminal facts, Article 19(2)3 and 11(1) of the Criminal Act, Article 19(2)3 of the Act on the Registration of Loan Business, etc. and Protection of Financial Users, and Articles 19(2)3 and 11(1) of the Act on the Protection of Financial Users, Article 2(1) of the Restriction on Interest, Article 30 of the Criminal Act (the receipt of interest exceeding the interest rate of a unregistered credit service provider), each selection of fines;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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