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(영문) 제주지방법원 2016.06.17 2016고단443
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A Imprisonment of one year and a fine of 10,000,000 won, Defendant B of a fine of 1,500,000 won, Defendant C of a fine of 3,000 won.

Reasons

Punishment of the crime

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

Around January 6, 2014, the Defendant did not register a loan business, distributed a loan leaflet to the Jeju-si, and reported it to the loan applicants. Around January 6, 2014, the Defendant lent KRW 9,500,000 to H at the “G” restaurant located in F at the Jeju-si, and received KRW 200,000 per annum 368.33% interest per annum exceeding 30% per annum, the legal interest rate of KRW 368.33% per annum from the following day to September 1, 2015, and added KRW 426,130,000 per annum and KRW 30% per annum 150 per annum (No. 30,00 per annum 135,00 per annum).

Accordingly, the Defendant engaged in unregistered loan business, and was paid interest exceeding the statutory limit interest rate.

2. No person, other than joint criminal credit service providers or credit financial institutions, may place an advertisement about loan business for the Defendants;

Defendant

A, from January 6, 2014 to around 2014, while engaging in the business without registration as in the preceding paragraph, he/she employed Defendant C from around the summer on August 2014, and Defendant B from around Hanman on August 2015 to around September 15, 2015 each of the following: (a) from around the day to around September 15, 2015, he/she distributed the front door of loan advertisement, which is described as “day”, “day money”, “day money”, “day loan”, “day loan,” etc. on an average of 3,000 street.

As a result, the Defendants conspired to advertise the loan business without credit service providers or credit financial institutions.

(i) the evidence;

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