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(영문) 서울북부지방법원 2015.01.16 2014고단3521
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A In 8 months of imprisonment, Defendant B shall be punished by a fine of KRW 3,000,00, and Defendant C and D shall be punished by a fine of KRW 2,00,000.

Reasons

Punishment of the crime

1. Defendant A

(a) Where an unregistered credit service provider that grants or receives interest exceeding a limited rate makes a loan, it may not receive interest exceeding the rate of 39% per annum (before March 31, 2014) or 34.9% per annum (after April 1, 2014).

Nevertheless, around January 15, 2014, the Defendant loaned KRW 5 million to F who wishes to borrow at the Defendant’s residential premises located in Gangnam-gu Seoul, Gangnam-gu, Seoul and 101 Dong 901dong 901, deducted KRW 3.5 million as a fee, and actually delivered KRW 4.65 million as a result of delivery of KRW 4.65 million each day, and agreed to receive KRW 6 million a total of KRW 6 million for 60 million each day (the annual interest rate is 177%). From around that time to April 25, 2014, the Defendant was paid interest exceeding the limited interest rate by lending KRW 196,75,00 for a total of 70 times as shown in the attached list of crimes.

(b) Any person who intends to operate a unregistered credit business shall register with the head of the competent observation office having jurisdiction over the relevant place of business by his/her office;

The Defendant above A from January 15, 2014 to April 25, 2014.

In the place described in the above paragraph, the credit business was operated without being registered with the competent authorities.

2. The Defendant: (a) from January 15, 2014 to April 18, 2014, the Defendant: (b) engaged in an unregistered credit business in violation of the restriction on interest rates as described in paragraph (1); (c) distributed an advertisement name of the lending company to many and unspecified persons without permission; and (d) made it easier for A’s unregistered credit business by facilitating the collection of principal and interest on the number of days by visiting the loan obligor whose nature was the lending; and (c) delivering it to A by collecting the principal and interest on the number of days.

3. The Defendant: (a) from January 15, 2014 to April 18, 2014, the Defendant was running a unregistered credit business in violation of the interest rate limitation as described in paragraph (1) by a non-registered credit service provider; (b) returned to the Seoul and the Gyeonggi.

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