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(영문) 인천지방법원 2018.05.18 2018고정935

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

From January 21, 2015 to January 21, 2018, the Defendant registered and operated a loan business with the trade name “C” from Bupyeong-gu Incheon, Bupyeong-gu B and B115-5 (33) to “C”;

1. On August 16, 2017, under the condition that a loan of KRW 500,000 to D was made at the above loan business office, the interest was paid until the principal is repaid in 10,000 won on a ten-day basis. After deducting KRW 150,000 on a prior interest basis, 3,50,000 won was actually lent.

After granting the above loans, the Defendant received KRW 90,000,000 from August 25, 2017 to November 14, 2017 from November 14, 2017 as interest and received more than the annual interest equivalent to 1042% (27.9% per annum) exceeding the legal system’s autonomy (27.9% per annum).

2. On May 16, 2017, the Defendant, while lending KRW 1 million to E at the same loan office, deducted KRW 200,000,000,000 in advance and paid interest from May 16, 201 to KRW 200,000 on a ten-day basis, and actually lent KRW 80,000,000,000,000,000 in advance, and received KRW 3,60,00 in excess of the statutory interest rate (27.9% per annum) over 912.5% from May 16, 2017 to November 27, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A public document requested to conduct an investigation by the office of Bupyeong-gu and documents submitted at the time the case is discovered;

1. Documents attached to the police suspect examination protocol, such as power of attorney submitted by the defendant;

1. Application of Acts and subordinate statutes to a report on investigation (the method of identifying suspected facts and calculating the interest rate for loans);

1. Relevant Article 19 (2) 3 and 8 of the Act on the Protection of Financial Users and the Registration of Preliminary Loan Business, etc. for Criminal Facts and the Selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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