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(영문) 제주지방법원 2016.04.21 2016고단275
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A Imprisonment with prison labor of eight months and fines of ten thousand won,00,000 won, and Defendant B shall be punished by fines of two thousand won,00,000 won, respectively.

The Defendants are the defendants.

Reasons

Punishment of the crime

A person who intends to engage in loan business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business, and if a unregistered credit service provider lends a loan, he/she shall not receive interest exceeding the legal interest rate under the Interest Limitation Act.

1. Defendant A

A. The Defendant, who is engaged in a non-registered loan business, did not register the loan business, distributed the former loan log to the first week, and reported it to the loan applicants. On April 16, 2016, the Defendant lent F KRW 1,800,000 to F in the E parking lot located in Jeju Island on April 1, 2014, and concluded a loan agreement with the condition that she would receive a total of KRW 2,60,000 for 65 days each day from the following day to January 22, 2016, and extended KRW 53,550,000 in total on a total of 29 occasions from the following day until February 16, 2016.

The principal and interest was collected through B.

Accordingly, the Defendant run the unregistered loan business from April 2014 to February 16, 2016.

B. As stated in the preceding paragraph, the Defendant in violation of the interest rate limitation was given a loan of KRW 1,80,000 to F and received a total of KRW 2,60,000 per annum 40,000 per day from the following day to pay interest of KRW 436.7% per annum exceeding 25% per annum of statutory limit limit on interest for 65 days each day under the pretext of principal and interest, and was paid interest exceeding the statutory limit rate under the loan agreement concluded from around that time to December 2015, from around that time to around December 2015.

2. Defendant B, as indicated in the foregoing paragraph 1-A, was actually employed by Defendant B, who is in fact engaged in a loan business without registration, and aided and abetted the crime of a loan business without registration under the foregoing provision by granting a fee on behalf of the principal and interest from the other party who loaned the loan from January 1, 2016 to February 16, 2016.

Summary of Evidence

1. Defendants’ each.

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