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(영문) 부산지방법원 2017.10.19 2017고단2348
대부업등의등록및금융이용자보호에관한법률위반등
Text

1. Defendant A shall be punished by imprisonment for a period of two years and four months;

Of the facts charged in the instant case, the list of crimes (2), No. 2,3.

Reasons

Punishment of the crime

The defendant A [criminal records] was sentenced to a suspended sentence of two years for a year, due to the violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users in the Daegu District Court Port Support on May 9, 2013.

[Criminal facts]

1. Joint crimes committed by the defendant, B, and C;

A. A person who intends to engage in a loan business without registration or a loan business violating the interest rate limitation shall register with the competent authority, and where an unregistered credit service provider grants a loan to a financial user, he/she may not receive the maximum interest rate exceeding 30% per annum (from June 30, 2007 to July 14, 2014) of the former Interest Limitation Act (amended by Act No. 12227, Jan. 14, 2014); Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014); or 25% per annum (from July 15, 2014) of the Interest Limitation Act (amended by Presidential Decree No. 25376, Jul. 15, 2014).

On June 10, 2013, the Defendant and B and C did not register a loan business, and around June 10, 2013, leased the annual interest of KRW 3,000 (2,625,000 after deducting prior interest) with KRW 3,00,000 (2,625,000 after deducting prior interest) on the condition that H may be changed by 9 times the principal and interest of KRW 375,00 per month from Japan in Busan City.

The Defendant and B, and C, without registering a loan business, extended a total of KRW 335,680,00 in total over 114 times as H, I, J, K, L, M, and N, and extended a total of KRW 335,680,00 from September 14, 2012 to October 24, 2016, as shown in the attached List of Crimes (1) No. 5-121 each year from June 10, 2013 to October 24, 2016.

B. On November 4, 2016, the Defendant and B, and C registered an “P” lending company under the name of the Defendant with the first floor of the OO in Busan Northern-gu located.

Where a credit service provider lends a loan to an individual or a small enterprise provided for in relevant statutes, the interest rate shall be 27.9% per annum.

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