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(영문) 부산지방법원 2013.04.12 2012고단7440
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of seven million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is a person who operates credit business in the name of F, and in conducting diagnosis of the financial management status of construction companies at a certain period of time by the Korea Construction Association and local governments, A, using the fact that the certificate of deposit balance of financial institutions under the name of the person who is diagnosed as of the date of diagnosis and the certificate of bank transaction performance (hereinafter referred to as "corporate diagnosis capital") is not disposed of as non-performing assets if it is presented for 60 days including the date of diagnosis and that it is not disposed of as non-performing assets. Upon introduction from Defendant B, Defendant B received interest from the construction company, the first and the last day of the period of the corporate diagnosis capital during which he received interest from the construction company, and tried to operate credit business by lending the company diagnosis capital to the corporate passbook with the discount of bills and using the remaining period for debt repayment.

1. A person who wishes to operate a joint-use credit business by the Defendants may not exceed 44% per annum of the loan interest rate provided by the Presidential Decree.

Nevertheless, around December 31, 2010 through Defendant B, Defendant A borrowed KRW 700 million from the representative H of the GGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGG and used KRW 17.5 million as its interest for two days.

As a result, the Defendants conspired to receive interest in violation of the interest rate limit as seen above, and received interest by violating the interest rate limit in total nine times from November 3, 2010 to December 31, 2010, as shown in the separate crime list, including the following:

2. A person who intends to run a loan brokerage business shall register with the competent authority.

Nevertheless, there is a need to do so.

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