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(영문) 대구지방법원 서부지원 2014.07.16 2014고정554
대부업등의등록및금융이용자보호에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The Defendant registered a credit business to the Seocho-gu Office around October 11, 2013, and thereafter, from that time to that time, the Defendant is a credit service provider that has run a credit business under the trade name “D” in the Daegu-gu B and the first floor (C).

No credit service provider may collect interest exceeding 39% per annum, which is the interest rate prescribed by Presidential Decree, from an individual.

1) Around January 8, 2014, the Defendant lent KRW 300,00 to the borrower E, and entered into a loan agreement on the condition that he/she was paid a total of KRW 350,000,000 (annual interest rate of KRW 405.5%) for 15 days, and received the principal and interest under the agreement. (2) On January 14, 2014, the Defendant lent KRW 100,000 to E at the same place and received the principal and interest under the agreement (annual interest rate of KRW 730,000) on condition that he/she was paid a total of KRW 120,000,000 at the same place (annual interest rate of KRW 7

Accordingly, the Defendant received interest exceeding the statutory limit interest rate of the credit service provider.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes, such as bank transaction statements;

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, Articles 19 (2) 3 and 8 (1);

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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