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(영문) 광주지방법원 2012.12.27 2012고정2038
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Criminal facts

The defendant is a person who engages in credit business with the trade name of Dong-gu, Gwangju Metropolitan City C and engages in credit business.

When a credit service provider lends a loan to an individual, it should not receive interest exceeding the interest rate of 39% per annum.

1. On November 1, 2011, the Defendant loaned KRW 3 million to D from the above “C” office to D, deducted KRW 465,00 under the name of prior interest, etc., and paid KRW 360,000 over nine times per ten days, and received interest exceeding the restriction rate.

2. On January 31, 2012, the Defendant lent KRW 3 million to D from the above “C” office, and received KRW 4.70,000 on the pretext of prior interest, etc., separately and paid KRW 3.60,000 on nine occasions each ten days, and received interest exceeding the restriction rate.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 19 (2) 3 and Article 8 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning facts constituting an offense;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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