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(영문) 수원지방법원 성남지원 2017.08.31 2017고단1862
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users;

(a) Any person who intends to engage in unregistered loan business shall register with the competent authority having jurisdiction over the relevant place of business by place of business;

Nevertheless, on July 29, 2016, the Defendant provided D with a loan of KRW 300,000,000,000,000,000 to D on or after 10 days without the above registration, and provided a loan service of KRW 7,000,000,000,000,000 from that time until April 12, 2017, as shown in the list of crimes in the attached Table (1).

(b) If a non-registered credit service provider or a registered credit service provider grants a loan, the court shall not charge interest exceeding the autonomy of the loan (27.9% per annum, and 25% per annum, per annum);

Nevertheless, the Defendant was a person who was a lending business (the business of lending registered loans from April 17, 2017, and the business of lending unregistered unregistered loans prior thereto) and was a loan of KRW 700,000 to D around July 29, 2016 and received interest at the rate of KRW 1,564 per annum by 100,000 won in total and interest interest interest after 10 days, and received interest at the rate of KRW 1,564 per annum from D, which had caused the loan from June 5, 2017, from time to June 5, 2017.

2. No person who violates the Electronic Financial Transactions Act shall transfer or acquire any access medium unless otherwise specifically provided for in any other Act in using or managing any access medium;

Nevertheless, the Defendant, as seen above, had attempted to use another person’s account in order to prevent the fact that the court’s interest was paid in excess of self-regulation. On March 3, 2015, the Defendant: (a) taken over the e-mail card (F) and its password from 239 in the 2015 Seocho-si Mancheon-si, the Defendant, from around May 30, 2017, used the electronic financial transaction access media via five times, such as the daily list (3).

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