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(영문) 광주지방법원 목포지원 2016.08.26 2016고정286
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A person who intends to engage in the loan business or loan brokerage business without registration shall register with the competent authorities for each place of business;

Nevertheless, on March 16, 2015, the Defendant, without registering the lending business, advertised on the Internet NV B, loaned KRW 1 million to D who reported and contacted an advertisement at the C Museum parking lot located in Yong-Gun, Nam-gun, Nam-gun, and loaned KRW 2,67 million over 18 times in all as shown in the separate crime list from February 10, 2015 to September 16, 2015.

As a result, the defendant provided a large side business without registering the lending business.

2. Where an unregistered credit service provider grants a loan in violation of the interest rate limitation, the loan shall not exceed the interest rate of 25% per annum;

Nevertheless, around March 16, 2015, the Defendant loaned KRW 1,00,00 to D at the C Museum parking lot located in Yong-Gun, Chungcheongnam-Gun, and paid KRW 7,50,000 after deducting KRW 2,50,000 as interest, and agreed to repay KRW 1,40,000 after the month. After receiving payment of KRW 1,40,000 from D on March 19, 2015, the Defendant received interest at an annual interest rate of KRW 1,040.

Accordingly, the Defendant, as a unregistered credit service provider, received interest exceeding the annual interest rate of 25%, and from February 10, 2015 to September 16, 2015, extended loans over 18 times and received interest equivalent to 359.32% to 1040% per annum.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of transactions at voltages, replys to warrants;

1. The investigation report (specified as the date of loan), the investigation report (calculated as the interest rate), and the application of statutes;

1. Article 19 (1) 1, Article 3, Article 19 (2) 3, Article 11 (1) and Article 8 (1) of the Act on the Registration of Preliminary Loan Business for Criminal Facts and Protection of Financial Users: Selection of each fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act to attract a workhouse;

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