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(영문) 대구지방법원 경주지원 2015.11.11 2014고단819
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

Defendant

A has registered credit business under the trade name “E” from November 3, 2009 to November 3, 2012, and is a person who has registered credit business under the trade name “F” from December 18, 2013 to December 18, 2016.

Defendant

B is a person who has registered credit business under the trade name of “G” from May 4, 2010 to May 4, 2013.

1. The sole crime committed by Defendant A;

(a) Where a registered credit service provider lends a loan exceeding the interest rate applicable to the registered credit service provider, the credit service provider shall not be paid interest exceeding 39% per annum;

Nevertheless, on January 1, 201, the Defendant loaned KRW 3,50,000 from KRW 5,00,000 to the Defendant’s house located at H on January 1, 201, to the Defendant’s house located at H, KRW 3,50,000, and received a total of KRW 6,000,000 for 60,000 per day and received interest rate of KRW 265% per annum.

In addition, from around that time to October 25, 2012, the Defendant received interest exceeding the limit interest rate as shown in the attached Table (1).

B. On November 4, 2012, the Defendant had not renewed the registration after the expiration of the registration of “E” on November 4, 2012 and had not registered credit business by December 18, 2013.

Where an unregistered credit service provider lends a loan, he/she shall not receive interest exceeding 30% per annum.

Nevertheless, on January 3, 2013, the Defendant loaned KRW 2,000,000 to the J of the applicant for loans at the Defendant’s home, and received interest at the annual interest rate of KRW 225.7% for 60 days each day by paying KRW 40,000 in total for 60 days.

In addition, from around that time to April 10, 2013, the Defendant received interest exceeding the interest rate limit from the clients, such as the list of crimes (2) as shown in the attached Table.

C. The Defendant of the unregistered credit business run the credit business without registering the credit business, as described in the above 1-B.

2. The Defendants’ co-offenders are the clients of loans.

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