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(영문) 서울북부지방법원 2019.03.26 2019고정253
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

1. The Defendant is a person who operates a mutual loan business with the trade name “B” in violation of the Registration of Credit Business, etc. and Protection of Financial Users Act (violation of a limited interest rate).

Where a credit service provider lends a loan to an individual, it shall not receive interest exceeding 27.9% per annum.

The Defendant loaned KRW 1,00,000 from KRW 1,50,000 to the other party to the loan at the window near the Changdong located in Dobong-gu Seoul Metropolitan Government in 2017, and agreed to pay KRW 15,000 to the other party to the loan at KRW 1,00,000 per annum, and received interest at KRW 173% per annum on a 15-day basis. On January 22, 2018, the Defendant loaned KRW 50,000 to the other party to the loan in Dongdaemun-gu Seoul Metropolitan Government D, and paid KRW 80,000,000 per annum to the other party to the loan and received interest at KRW 745% per annum on two occasions.

2. No person who violates the Electronic Financial Transactions Act shall transfer or acquire a means of access, unless otherwise specifically provided for in any other Act, in using and managing the means of electronic financial transactions;

In 2017, the Defendant lent money to the other party to the loan in the Changdong Station located in Dobong-gu Seoul, Dobong-gu, Seoul, to the other party to the loan, and opened up one physical card linked to the G Bank Account (H) in the name of C, and transferred the password of that physical card.

Accordingly, the Defendant acquired the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. The police statement concerning F;

1. Application of each internal investigation report (related to the attachment of a detailed statement of transactions, interest rate related), investigation report (related to the interest rate applied to A who is the name of the head of a Tong C), and statutes;

1. Article 19(2)3 and Article 8(1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and the Selection of Punishments, Article 49(4)1 of the Electronic Financial Transactions Act.

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