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(영문) 울산지방법원 2015.12.18 2014고정1483

대부업등의등록및금융이용자보호에관한법률위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A credit service provider that violates the Registration of Credit Business, etc. and Protection of Financial Users Act shall not, if it lends a loan to an individual or a small-scale corporation, exceed the interest rate (39% per annum);

Nevertheless, around July 27, 2013, the Defendant loaned KRW 100,000 to the victim E within Dong-gu, Ulsan-si, Ulsan-si, and paid KRW 100,000 per month interest. The principal was loaned under the condition of lump-sum redemption and received interest at 120% per annum, and exceeded the limit of interest rate over three times as shown in the attached list.

2. Around 16:50 on December 18, 2013, the injured Defendant: (a) stated that the victim E (n, 53 years of age) was not paid with the money borrowed around July of the same year in Ulsan-si, Dong-gu, Ulsan-si; (b) caused the victim’s shock to be 3-4 times at the left hand of the satise with the satise knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k.

Summary of Evidence

1. Legal statement of witness E;

1. Copy of a cash custody certificate;

1. Details of transactions by account, copies of bankbooks (A);

1. A copy of the business registration certificate;

1. A written diagnosis of injury (E);

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Article 19 (2) 3 and Article 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and the Selection of Punishment, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;