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(영문) 수원지방법원 2017.03.14 2017고단16
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six 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

1. Any person who intends to engage in loan business without registration shall register a branch office with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, or Special Self-Governing Province having jurisdiction over the relevant place of business

On June 21, 2016, the Defendant, without registering with the competent authority, lent KRW 2.9 million each day from December 19, 2016, from that time to December 39, 2016, a total of KRW 81 million was loaned from that time to December 39, 2016, to E, which reported that the Defendant was distributed for advertisement in Suwon-si, Suwon-si, the name of the Defendant was deducted by KRW 100,000,000,000 for a total of 39 times, as indicated in the list of crimes.

Accordingly, the defendant did not register with the competent authorities and did the lending business.

2. Where an unregistered credit service provider grants a loan exceeding the interest rate applicable thereto, the loan shall not exceed 27.9 percent, whichever is the interest rate applicable;

On June 21, 2016, the Defendant loaned KRW 2.9 million after deducting KRW 100,000 from the prior interest from the aforementioned E at the same place on the same day on June 21, 2016, to receive KRW 60,000 per annum from the principal and interest for 65 days on a daily basis. From that time until December 19, 2016, the Defendant loaned a loan exceeding the limited interest rate on 39 occasions, such as the list of crimes in the attached list.

Accordingly, the Defendant received interest exceeding the limit interest rate.

3. A credit service provider who places unregistered loan business advertisements for a person who has registered his/her loan business under Article 3 of the Act on the Registration of Credit Service Providers, etc. and Protection of Financial Users;

section 3.

No person other than that may place an advertisement on loan business.

Even if the Defendant is not a credit service provider, from August 2, 2016 to December 21 of the same year, the Defendant distributed a name stating “on the day’s loan and F” at the Suwon-si and Sejong-gu shopping mall, from around August 2, 2016 to December 21 of the same year.

Accordingly, the Defendant advertised the lending business.

Summary of Evidence

1. The defendant's statement in court;

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