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(영문) 대구지방법원 서부지원 2013.10.16 2013고정686
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

"2013, 686"

1. Any person who intends to operate unregistered credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor or Special Self-Governing Province Governor who has jurisdiction over the relevant place of business;

Nevertheless, on February 2012, the Defendant, without registering a credit business, lent money to the victim D who operated C in Seo-gu, Seo-gu, Daegu, Seo-gu, 2012, and run a credit business by lending money of 12 million won in total to five times from around that time to April of the same year, as shown in the annexed List of Crimes.

2. Where a credit service provider that has not violated the interest rate limitation lends a loan to an individual, the interest rate shall not exceed 30% per annum;

Nevertheless, as described in paragraph (1), the Defendant loaned KRW 2 million to the victim D, and lent KRW 1,880,000,000 after deducting 1,200,000 won as commission fees, and received annual interest of KRW 306,000 per annum exceeding the statutory interest rate by making repayment of KRW 2,40,000 per day 60,000 per day for 60 days, as shown in the attached list of crimes, and loaned KRW 12,00,000 to five persons including D during the period from around the time to April of the same year, and received interest of KRW 292 to 417% per annum.

"2013, 1052"

3. Although a credit service provider or a credit financial institution is not allowed to advertise credit business, the Defendant, in collusion with E without registering credit business, placed an advertisement on credit business by allowing the Defendant to distribute the printed name loan advertisement (8.7cm x 5.3cm m) on the front side of the old market located in Ansan-si, Sindong-si, Sindong-si, with the content of “Excellent Credit Depository, i.e., daily loan, G, etc., to distribute one sheet of the printed name loan advertisement (8.7cm x 5.3cm).

4. On April 9, 2012, the Defendant in collusion with E without registering credit business, and from the I’s operation of H in Ansan-si F around April 9, 2012 to H, one million won shall be repaid to H for 33 days each day, and the interest rate of 100,000 won as a fee shall be the rate per annum.

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