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(영문) 대구지방법원 상주지원 2012.12.04 2012고정200

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant

A A shall be punished by a fine not exceeding five million won, and Defendant B shall be punished by a fine not exceeding four million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

To the extent that there is no concern about actual disadvantage to the Defendants’ exercise of their respective defense rights, the facts constituting a crime are recognized by routing the charges without any changes in the indictment

Where a credit business is operated without registration, interest shall not be collected in excess of the interest rate of 30% per annum as stipulated in Article 2(1) of the Interest Limitation Act and Presidential Decree of Article 2(1) of the Interest Limitation Act.

1. Defendant A

A. On July 201, 201, the Defendant lent 2 million won to the debtor D from the first and second floor of the Danbuk-gun, the Defendant, from the second floor of the Danbuk-do, to the debtor D, and received equal repayment of 40,000 won per day for 60 days, and at least interest was paid at a higher rate than the limited interest rate (225% per annum) such as receiving the principal and interest corresponding thereto.

B. On September 201, 201, the Defendant loaned 7 million won to the obligor F, and received interest of 70,000 won per day from the obligor F at the time of permanent stay in the Staff, and at around that time, paid interest exceeding the limited interest rate (365% per annum).

C. On December 201, 201, the Defendant loaned G 301, G 301 to the debtor D one million won each day and received interest of 10,000 won per day, and at that time, received interest exceeding the limited interest rate (384% per annum).

2. Defendant B

A. On August 24, 2011, the Defendant lent KRW 3 million to the obligor F at the time of permanent stay on and around August 24, 2011, and agreed to receive equal repayment of the principal and interest of KRW 60,000 per day for 65 days and deducted KRW 300,000,000 per annum from the obligor F (436.7% per annum).

B. Around October 27, 2011, the Defendant loaned KRW 5 million to the debtor FF under the above 203th 203 around October 27, 201, to have 70,000 per day repaid the principal and interest of KRW 70,00 per day for 90 days and deducted 350,000 won of the interest on the five-day advance payment (per annum, approximately 257.9%).

Summary of Evidence

1. Each part of the Defendants’ respective courts.