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(영문) 수원지방법원 안산지원 2018.10.31 2018고정399

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant

A shall be punished by a fine of KRW 4 million, by a fine of KRW 2 million, and by a fine of KRW 3 million.

Reasons

Punishment of the crime

1. On March 31, 2015, Defendant A entered into a contract with the effect that he/she would lend money to the victim’s “G” office located in Ansan-si, Seoul-si, Seoul-si, to receive interest equivalent to 20% of the principal from the damaged party. From April 8, 2015, Defendant A loaned KRW 5 million to the victim for eight days until April 8, 2015, and paid KRW 1 million (913% when the annual interest rate is converted), which is the amount exceeding 25% of the interest rate, as interest rate, and received KRW 1 million (913% when the annual interest rate is converted) from around that time to October 17, 2015 in the same way as shown in attached Table 1 of the Crimes List 1.

2. On March 23, 2015, Defendant B entered into a contract with the effect that he/she would lend money to the above victim at the above office, and would receive interest equivalent to 10% of the principal from the victim. From June 24, 2015, Defendant B received 2.50,000 won (96% when the annual interest rate is converted) with interest rate exceeding 2.5% from June 24, 2015, as well as that he/she received 2.50,000 won (96% when the annual interest rate is converted) with interest rate exceeding 2.5% from around that time to December 26, 2015 by lending 7,4450,000 won in total five times from that time to December 26, 2015 by the same method.

3. Notwithstanding the fact that Defendant C cannot receive interest exceeding 34.9% per annum as a person who runs a loan business under the trade name “I” in Ansan-si member H and 301 Dong 517, Ansan-si, and that the Defendant borrowed KRW 34.9% per annum from the above “I” office around July 4, 2014 to October 21, 2014, the Defendant was paid KRW 12.1 million per annum (16% per annum per annum when converting the interest rate) with interest rate of KRW 34.9% per annum from the above “I office” office for 109 days until October 21, 2014 and received KRW 1.2.1 billion per annum (1.6% per annum per annum) from around that time to around January 3, 2015.