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(영문) 대구지방법원 2012.08.29 2012고단4063
대부업등의등록및금융이용자보호에관한법률위반
Text

[Defendant A, C] Defendant A, and C shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A, Defendant C, Defendant D, and Defendant E are the respective unregistered credit service providers, and Defendant B are the credit service providers registered with the trade name of “F” in Daegu-gu around March 12, 2009.

1. Where Defendant A-registered credit service provider lends a loan to an individual, the interest rate shall not exceed 30/100 per annum;

Nevertheless, around April 5, 2011, the Defendant loaned KRW 100,000 to the debtor G, and lent KRW 9.5 million after deducting KRW 50,000,000 per day, and received KRW 1.2 million per day for 60,000 per day, and collected an average interest rate of KRW 292% per 39 times per day as shown in the attached crime list (1).

Accordingly, the Defendant violated the interest rate limitation.

2. Where Defendant B-registered credit service provider grants a loan to an individual, the interest rate shall not exceed 39/100 per annum;

Nevertheless, around September 15, 2010, the Defendant loaned KRW 100,000 to debtor H, borrowed KRW 9,50,000 after deducting KRW 50,000 as a fee, and received KRW 1,240,000 per day for 62 days each day, and collected the interest of KRW 251,00 per annum through 23 times in total as shown in the List of Crimes (2).

Accordingly, the Defendant violated the interest rate limitation.

3. Defendant C

(a) Any person who intends to operate an unregistered credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do governor or Special Self-Governing Province Governor who has jurisdiction over the relevant place of business;

Nevertheless, on September 25, 201, the Defendant, without registering a credit business, lent KRW 3 million to the debtor I at an unsound place on September 25, 201, and lent KRW 2.85,000,000 after deducting KRW 1.50,000 as a fee, and loaned money to the debtor I by November 25, 201, as shown in the attached list of crimes (3).

Accordingly, the Defendant engaged in unregistered credit business.

(b) Where a credit service provider without registration exceeding the interest rate lends a loan to an individual;

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