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(영문) 서울중앙지방법원 2014.11.28 2014노3185

대부업등의등록및금융이용자보호에관한법률위반등

Text

The judgment below

Of these, violation of the Act on Registration of Credit Business, etc. due to unregistered credit business and Protection of Financial Users.

Reasons

1. Summary of grounds for appeal;

A. In full view of the consistent lending period, the number of transactions between the complainant and the defendant, and the details of transactions between the complainants and the defendant, it can be found that the credit service provider and the unregistered credit service provider violated the Act on Registration of Credit Business and Protection of Financial Users due to their respective restrictions on interest rates.

In addition, according to the statement of the complainant and the 112 reported case processing, it can be found guilty even if it violates the Fair Collection of Claims Act.

Nevertheless, the judgment of the court below which acquitted each of the above facts is erroneous by misapprehending the legal principles and thereby affecting the conclusion of the judgment.

B. Although the violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users due to unregistered credit business is included in the facts charged of this case, the judgment of the court below omitted its decision on this part.

2. Determination

A. Determination 1 on the violation of the Act on the Registration of Credit Business, etc. and Protection of Financial Users due to Violation of Restrictions on Interest Rates by Credit Service Providers and Unregistered Credit Service Providers) The lower court acquitted the Credit Service Providers and Unregistered Credit Service Providers of violation of the Act on the Protection of Financial Users, on the ground that each of the statements made by H in relation to the loan period and advance interest directly connected to the violation of the restriction on interest rates by the Credit Service Providers and Unregistered Credit Service Providers cannot be trusted as it is in light of the relevant circumstances, and the evidence submitted by the Prosecutor alone alone is insufficient to recognize this part of the facts charged. 2) Examining the lower court’

In addition, whether the pre-paid interest from the pre-paid credit service provider exceeds the limited interest rate under the Act on Registration of Credit Business and Protection of Finance Users, the pre-paid interest is excluded and the period from the date of the loan to the due date is based on the amount actually received by the debtor.