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(영문) 서울동부지방법원 2013.11.05 2013고정1590

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant

Punishment for A shall be determined by a fine of KRW 5,000,000.

Defendant

A does not pay the above fine.

Reasons

The criminal history room (Defendant A) operated the lending company with the trade name "G" at the defendant's residence located in Gwangjin-gu Seoul Special Metropolitan City F from around 2010 to June 12, 2012.

Where a credit service provider lends a loan to an individual, etc., the interest rate shall not exceed the interest rate prescribed by Presidential Decree.

1. On February 9, 2011, the Defendant lent KRW 10 million to H, who is an applicant for a loan, and received 120,000 won per day as principal and interest for 100 days from that day, and received interest equivalent to 136.2% per annum exceeding 44% per annum, which is the legal interest rate of a credit service provider. On March 29, 2011, the Defendant lent KRW 4750,000,00 to H, and received interest exceeding 44% per annum, which is the legal interest rate of a credit service provider, in excess of 192.1% per annum.

2. On July 2, 2010, the Defendant lent KRW 5 million to I, who is an applicant for a loan, and received KRW 60,000 per annum in excess of 49% per annum, which is the legal interest rate of a credit service provider, by receiving KRW 69,00 per day as principal and interest for 100 days from that date.

3. On July 20, 2010, the Defendant lent KRW 5 million to J, an applicant for a loan, and received KRW 60,000 per day as principal and interest for 100 days from that day, and received interest at least 136.2% per annum exceeding 49% per annum, which is the legal interest rate of a credit service provider.

4. On July 27, 2010, the Defendant lent KRW 5 million to K, who is an applicant for a loan, and received KRW 60,000 per day as principal and interest for 100 days from that day, and received interest at least 136.2% per annum exceeding 44% per annum, which is the legal interest rate of a credit service provider.

5. On August 19, 2010, the Defendant lent KRW 5 million to L who is an applicant for a loan, and received KRW 60,000 per day as principal and interest for 100 days from that day, and received interest at least 136.2% per annum exceeding 44% per annum, which is the legal interest rate of a credit service provider.

6. The Defendant lent KRW 5 million to M who is an applicant for a loan on September 29, 2010, and the principal and interest for 100 days from that date.