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(영문) 인천지방법원 2011.08.19 2011고단662
대부업등의등록및금융이용자보호에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was that the Defendant engaged in credit business.

A. The competent Mayor/Do Governor shall not register a credit business with the competent Mayor/Do Governor on July 23, 2007, by lending KRW 1.2 million to E from July 23, 2007 to repayment of KRW 1.2 million for the total of KRW 80,000,000 to the debtor E from July 23, 2007, and by the agreement to immediately loan the remainder of KRW 80,000 after deducting KRW 20,000,000 from the debtor’s G account in the name of F’s father’s father’s father’s father’s father’s wife’s G account, and shall immediately transfer the remaining amount of KRW 8,00,000 from July 23, 2007 to July 30, 2010 to engage in an unregistered credit business without registration by lending the total of KRW 38 times,40,00,00.

B. A credit service provider may not lend a loan to an individual or a small-scale corporation prescribed by Presidential Decree within the scope of 50/100 per annum. However, on July 23, 2007, the interest rate of KRW 90,000 is not exceeded the rate prescribed by Presidential Decree. On the same day, a credit service provider extended a loan of KRW 1,00,000 to E on the same day, received KRW 20,000 per annum from the obligor on the same day, and received interest at a rate of KRW 169.9% per annum exceeding 66% per annum. from August 3, 2007 to October 28, 2010, and was subject to restriction on the interest rate of KRW 45,40,000 over 38 times in total, as in the list of crimes (loans) in attached Form 181,97,900,000 as the principal and interest on the loan amount.

2. Determination:

A. The purpose of this Act is to provide for matters necessary for the registration and supervision of credit business and the protection of finance users, and regulate illegal debt collection and interest rates of credit business operators and credit financial institutions, thereby ensuring the sound development of credit business and protecting finance users and contributing to the stability of the economic life of the people.

Article 2 (Definitions) The terms used in this Act shall be defined as follows.

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