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(영문) 서울중앙지방법원 2013.04.18 2013고정315
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Receiving interest exceeding statutory interest rates;

A. On December 5, 2011, the Defendant lent KRW 4 million to C in the Gangnam-gu Seoul Metropolitan Government’s house with KRW 600,000,000 per day to C, on the condition that C was paid KRW 6 million per day for KRW 100,000 per day. The Defendant was repaid the principal and interest of KRW 840,000 from February 24, 2012 to April 2, 2012.

Accordingly, the Defendant received interest at the interest rate of 316.8% per annum exceeding 30% per annum, which is a statutory interest rate.

B. Around February 22, 2012, the Defendant lent KRW 3,500,000,000 to F on the condition of “number of days” in which the Defendant repaid KRW 5,000 per day to F for 100 days at the E coffee shop located in Gangnam-gu Seoul, Seoul. Around April 13, 2012, the Defendant received reimbursement of the principal and interest of KRW 3,50,000 from April 13, 2012 to April 23, 2012.

Accordingly, the Defendant received interest at the interest rate of 408.4% per annum exceeding 30% per annum, which is a statutory interest rate.

C. Around March 20, 2012, the Defendant lent KRW 3,000,000 to G on the condition that he/she repaid KRW 60,000 per day to G for 60 days, and received reimbursement of the principal and interest of KRW 7,80,000 from March 20, 2012 to April 2, 2012.

Accordingly, the Defendant received interest at the interest rate of 247.3% per annum exceeding 30% per annum, which is a statutory interest rate.

2. The Defendant for a credit business without registration was engaged in the credit business without registration as described in paragraph (1) from December 5, 201 to April 23, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. The police interrogation protocol of the accused (including attached materials);

1. The police statement concerning G;

1. Details of transactions for entry and withdrawal;

1. Application of Acts and subordinate statutes to a report on investigation (acquisition of principal and interest thereon);

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

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

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