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(영문) 서울북부지방법원 2018.06.04 2018고정489
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Any person who intends to engage in loan business without registration shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province branch having jurisdiction over the relevant place of business;

Nevertheless, around February 2017, the Defendant did not register the loan business in the French-gu Seoul Metropolitan Government (Seoul Northern District) and lent KRW 2 million to C on the condition that C shall pay 40,000 won a day in 60 times each day, and run the loan business without registration as shown in the attached list of crimes from that to June 2017.

2. No person, other than credit service providers or credit financial institutions, may place an advertisement for loan business purposes;

Nevertheless, the Defendant, from February 2017 to June 2017, advertised the loan business by means of distributing the name cards indicating telephone numbers in the Dobong-gu, Nowon-gu, and Gangnam-gu, and distributing them to the Dobong-gu, Nowon-gu, and Gangnam-gu.

3. Where an unregistered credit service provider grants a loan in violation of the interest rate limitation, the loan shall not be made in excess of 25 percent per annum;

Nevertheless, the Defendant, at the time and place specified in paragraph 1, lent money to C at a 226% annual rate as stated in paragraph 1, as well as borrowed money on 19 occasions, such as the list of crimes in the attached Table, and received interest exceeding 25% per annum.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the offender's domicile (three copies of the relevant photographs);

1. Investigation report (voluntary transfer of water submitted);

1. Investigation report (Confirmation of the suspect A’s operation of a separate loan business);

1. Investigation report (written statements and two copies of relevant photographs of the title holder of the postal card);

1. Application of Acts and subordinate statutes to the investigation report (fest interest rate verification);

1. Registration of relevant legal provisions and selective loan business, etc. for criminal facts, and registration of loan business, etc., and Article 19(1)1 and Article 3(1) of the Act on the Protection of Financial Users, and registration of loan business, etc. and financial users;

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