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(영문) 청주지방법원 2016.09.29 2016고정682

대부업등의등록및금융이용자보호에관한법률위반

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Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No credit service provider shall collect interest exceeding 34.9% per annum (from April 2, 2014 to March 2, 2016) from an individual when it provides a loan.

The Defendant, who runs a loan business under the trade name of “B”, lent KRW 2 million to D on July 9, 2014 from “Cheongju-si,” and deducted KRW 100,000 as a prior interest, issued KRW 1,90,000,000 after deducting KRW 100,000 as a prior interest. The Defendant received KRW 100,000 per annum from August 9, 2014 to October 9, 2015 with interest at KRW 63.15% per annum.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A complaint;

1. A copy of confirmation of details of each transaction and a written confirmation;

1. Copy of the registration certificate of loan business;

1. Application of the Act and subordinate statutes to the investigative report (Calculation of interest rates on borrowed money);

1. Article 19 (2) 3 and Article 8 (1) of the Act on the Protection of Financial Users (Amended by Act No. 14072, Mar. 3, 2016) regarding criminal facts and the registration of the loan business, etc. for the selection of punishment, and Articles 19 (2) 3 and 8 (2) of the same Act (amended by Act No. 14072, Mar. 3

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.