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(영문) 의정부지방법원 고양지원 2013.09.12 2013고정635

대부업등의등록및금융이용자보호에관한법률위반

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Where an unregistered credit service provider lends a loan, the interest rate shall not exceed 30%.

Nevertheless, on March 27, 2012, the Defendant: (a) lent KRW 5 million to the victim B on March 27, 2012; (b) actually loaned KRW 4.4 million after deducting KRW 6 million under the name of a prior interest; and (c) agreed to receive interest of KRW 1 million through ten times each week; (d) however, as the victim failed to fully pay the agreed principal and interest, the Defendant received interest of KRW 500,000 and KRW 500,000 from April 24, 2012 and KRW 500,000 in the amount of unpaid interest from April 24, 2012 in the form of a total number of days and received interest of KRW 2.1 million for 15 days.

Accordingly, the Defendant received interest exceeding the statutory interest rate from the victim.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Article 19 (2) 3 and Article 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning facts constituting an offense, the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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