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(영문) 부산지방법원 2013.06.21 2013노305
채권의공정한추심에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in this case, the part of violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users (hereinafter “Credit Business Act”) among the facts charged in this case is related to the crime of violation of the Credit Business Act, which became final and conclusive on May 19, 2012, and the Busan District Court Decision 2012No649, May 11, 2012, which became final and conclusive, and thus, the res judicata effect of the said final and conclusive judgment is not limited to this part of the facts charged, and thus, the court below erred in the misapprehension of legal principles as to acquittal.

B. The judgment of the court below on the defendant's sentence of unreasonable sentencing (the fine of 5.5 million won) is excessively unreasonable.

2. Determination

A. As to the assertion of misunderstanding of legal principles, the summary of the facts charged 1)

1. On August 2009, the Defendant loaned the principal amount of KRW 30 million to G from the management of the second floor G of the building after Busan Jung-gu, Busan, and for 100 days, the Defendant loaned the principal amount of KRW 30 million to G with interest of KRW 136.2% per annum exceeding the statutory interest rate by having the Defendant repaid the principal amount of KRW 3.6 million and interest of KRW 60,000 per day.

2. On August 201, 201, the Defendant loaned the principal amount of KRW 29.1 million to G at the places indicated in the preceding paragraph, and leased the principal amount of KRW 112.9% per annum in excess of the statutory interest rate, by having the Defendant receive KRW 30 million after 10 days thereafter.

In the event that an unregistered credit service provider lends a loan, “2012 high-end 4610”, the Defendant could not receive interest exceeding 30% per annum, which is the limitation rate prescribed by the Interest Limitation Act, notwithstanding the fact that, on November 12, 2010, the Defendant lent the principal amount of KRW 10 million to K operating the clothing store, KRW 120,000,000 per annum, including the principal and interest, for 100,000,000,000,000,000 per annum, including the principal and interest, for 120,000,000 won per annum, from that time to July 8, 2011, and lent the money more than eight times in total as indicated in the list of crimes, and thereafter, the interest rate is limited.

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