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(영문) 전주지방법원 2016.11.01 2016고정505
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

Criminal facts

When an unregistered credit service provider lends a loan, he/she shall not receive interest in excess of the maximum interest rate (30% per annum or 25% per annum) provided for in the Interest Limitation Act.

Nevertheless, the Defendant, around April 7, 2014, lent KRW 4 million to E, and received KRW 400,000 per annum (120% per annum) from the interest rate of KRW 10,000 per month, while lending KRW 4 million to E, and received KRW 400,000 per annum as a prior interest, and around that time, from around February 3, 2015 to around February 3, 2015, borrowed KRW 17,000 in the above method as described in the list of crimes in the attached Table, and received a total of KRW 24,150,000 in interest rate per annum.

Accordingly, the Defendant received interest exceeding the maximum interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes, such as a certificate of details by member trading account, a copy of the statement of automatically entering/exploiting transactions;

1. Article 19 (2) 3 and Article 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning facts constituting an offense (to select a fine in general);

1. Articles 70 (1) 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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