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(영문) 대구지방법원 안동지원 2018.11.23 2018고단462
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight 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 with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province branch having jurisdiction over the relevant place of business;

Nevertheless, on March 25, 2015, the Defendant, without registering the lending business to the competent authorities, lent KRW 3,000,000 to D’s clothes stores operated by the Defendant who is permanently located in B on March 25, 2015, and granted KRW 1,80,000 after deducting KRW 1,80,000 from the pre-paid interest, and then granted KRW 1,80,000 from the lending date, the Defendant agreed to receive KRW 300,000 on the 20th day of the lending date, and the Defendant thereafter loaned KRW 129,00,000 on the 30th day of the lending date from November 3, 2017.

Accordingly, the Defendant did not register the loan business and run the loan business.

2. Where an unregistered credit service provider grants a loan to the unregistered credit service provider, the interest rate shall not exceed 25% per annum from July 15, 2014 in accordance with the Interest Limitation Act;

In light of the content of the facts charged and the fact that the defendant confessions the defendant as to the facts charged, to the extent that it is not likely to cause any substantial disadvantage to the defendant's exercise of his/her right to defense, the amount stated in the facts charged shall not exceed 34.9% of the annual interest rate from January 1, 2015 to August 28, 2017 and 27.9% of the annual interest rate from August 29, 2017, if a credit service provider lends a loan to an individual.

“To modify and recognize “ as above in accordance with the relevant laws and regulations.”

Nevertheless, on March 25, 2015, the Defendant offered a loan of KRW 3,00,000 to D with the repayment period of KRW 30 days, and offered a loan of KRW 1,80,000 after deducting KRW 1,20,000 from the advance interest, and offered a loan of KRW 1,20,000 by receiving the said advance interest (interest rate of KRW 81.1% per annum) from that time until November 3, 2017.

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