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(영문) 대구지방법원 안동지원 2014.11.07 2014고정212

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant

A shall be punished by a fine of KRW 4 million, and Defendant B shall be punished by a fine of KRW 700,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Although Defendant A’s credit service provider is registered with the competent authority having jurisdiction over the pertinent place of business, the Defendant did not register his credit business with the competent authority on May 11, 2009, lent KRW 70 million to D at an insular district of Ansan-si and around May 11, 2009, and received KRW 700,000 as the interest for the same month, and extended KRW 170,000,000 from around that time to September 14, 2013 as shown in the separate list of crimes, and received KRW 199,854,500 in total over 616 times as principal and interest.

2. The Defendant, even if the maximum interest rate under the contract for lending and borrowing of money exceeds 30% per annum, shall not be given and received interest.

A. A. Around October 21, 201, the interest rate of KRW 10 million is fixed at 3% per month (36% per annum) and on June 20, 2012 at the same time as the due date for payment, and is received pursuant to the foregoing agreement:

B. Around February 28, 2012, the interest rate of KRW 10 million was set at 3% (36% per annum) per month while lending KRW 10 million to D at an infinite area (hereinafter referred to as the “Infinite City”) and the interest was paid at a total of 10 times by receiving the interest pursuant to the above agreement and receiving a total of KRW 3 million in excess of the highest interest rate.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to each investigation report (No. 4, 11, 12, 18, 20)

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 19(1)1 and 3(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users;

B. Defendant B: Articles 8(1) and 2(1) of the former Interest Limitation Act (Law No. 10925)

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

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;