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(영문) 춘천지방법원 2014.04.17 2013고정646

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

The Defendant is a person who operates credit business in the name of “F” in the Etawork 1315 in Gangnam-gu Seoul Metropolitan Government D.

Where a credit service provider grants a loan to an individual, etc., the interest rate for the loan shall not exceed 39% per annum.

Nevertheless, on November 22, 2010, the Defendant: (a) lent KRW 4 million to G at the above F Office around November 2, 2010; (b) delivered KRW 3,130,000 after deducting 8,70,000 interest; and (c) received interest of KRW 8,70,000 for one month by receiving KRW 7,99,00 as interest; and (d) received interest of KRW 239,00 per annum

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of G and H;

1. Police suspect interrogation protocol against the defendant (G substitute part);

1. Determination as to the defendant and defense counsel's assertion of investigation report (to be attached to the Seoul Northern District Prosecutors' Office (Seoul Northern District Prosecutors' Office No. 2012 punishment No. 22020); to be attached to the investigation records No. 2012 punishment No. 50618; to be attached to the investigation records No. 50618; to be attached

1. The alleged defendant lent 8 million won to G by setting at 2% per annum (24% per annum) and 3% per annum for overdue interest (3.6% per annum). The principal amount was paid in installments from G from G to 500,000 won per annum 500,000 won per annum. The principal was paid in full by receiving the payment of the principal amount of KRW 500,000 from August 24, 2011, and appropriated it to the principal. The defendant agreed to pay the unpaid interest of KRW 90,000 per annum until October 24, 2011, but did not receive it properly. Accordingly, there was no substantial interest.

Therefore, the Defendant was amended by Presidential Decree No. 2298, Jul. 21, 2010 by the limited interest rate under Article 8(1) of the Act on Registration of Credit Business and Protection of Finance Users from G (hereinafter “Credit Business Act”) and Article 5(2) of the Enforcement Decree of the same Act. The Defendant was amended by Presidential Decree No. 2298, Jun. 27, 2011 by Presidential Decree No. 444% per annum, and Presidential Decree No. 22991, Jun. 27, 2011. Presidential Decree No. 22991, Apr. 1, 2014.