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(영문) 서울중앙지방법원 2014.06.11 2014고정2007
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, together with B, is a person who operates a mutual loan company with B, “stock company D” located on the third floor of Songpa-gu Seoul Metropolitan Government building C from November 201, and where a credit service provider lends a loan to an individual, the interest rate may not exceed the rate prescribed by Presidential Decree within the scope of 50/100.

Nevertheless, on February 4, 2013, Defendant B granted a loan of KRW 3 million to Victim E on the condition of using 5 months at the above D office, and paid KRW 2.9 million after deducting KRW 100,000 from the prior interest and principal each month, Defendant B received interest and principal interest at KRW 720,000 per annum. In addition, Defendant B received interest in violation of the statutory interest rate limit, such as the attached list of crimes.

As such, the Defendant, together with B, received interest exceeding the interest rate prescribed by Presidential Decree within the scope of 50/100.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Investigation report (related to submission of a loan list);

1. Application of Acts and subordinate statutes to a criminal investigation report (related to attaching a detailed statement of post offices in the name of D), investigation report (related to attaching a detailed statement of post offices in the name of B), investigation report (related to attaching a detailed statement of passbook of bank in the name of B), investigation report (related to attaching a detailed statement of bank in the name of D), investigation report (related to attaching a detailed statement of

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 Sentence, Article 30 of the Criminal Act;

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;

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