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(영문) 서울중앙지방법원 2018.06.14 2017고정833
대부업등의등록및금융이용자보호에관한법률위반
Text

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

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

Reasons

Punishment of the crime

(a) Any person who intends to engage in loan business shall register his/her business with a Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province branch having jurisdiction over the relevant business

The Defendant did not register a loan business, and on May 29, 2015, lent KRW 100,000 to Samsungdong Law Firm, the 87-ro, Gangnam-gu, Seoul, to the complainant, and paid KRW 20,000,000,000 after deducting KRW 20,000 as the first month’s interest. On the same day, a notary public located in the Gangnam-gu, Seoul (T& Dong, and airport 14 floors in Samsung East-do) 36,00,000,000 won received from the complainant at the notarial office, as a limited liability law firm (the date of issuance, May 29, 2015, the date of payment, June 28, 2016, and received the authentic copy of a notarized promissory note 1,50,000 won from the complainant.

(b) The defendant may not exceed the rate prescribed by Presidential Decree within the extent not exceeding 25/100 per annum as the unregistered credit service provider.

Nevertheless, Defendant 1: (a) under the pretext of changing the above loan to KRW 100 million; (b) KRW 20,000 from C on May 29, 2015; and (c) KRW 10,000 on June 29, 2015; and (d) the same year.

7.13. Minority KRW 9 million;

7. On January 6, 2016, around 28, KRW 8 million, KRW 100,000,000 from E Co., Ltd. received a total of KRW 147,000,000 from E Co., Ltd., and received interest equivalent to 77% per annum exceeding the limited interest rate.

Summary of Evidence

1. Recording of a statement made to C by a witness in the fourth public trial protocol;

1. Recording of a statement to the witness F in the fifth public trial records;

1. A protocol concerning the examination of the police officers against the accused (two times);

1. Statement made by the police against C;

1. Investigation Report (Calculation of Interest Rate in Excess of Restriction) [The defendant and his defense counsel asserted that the Act on Registration of Loan Business, etc. and Protection of Financial Users cannot be applied because they made an investment to C, so this Court has duly adopted the evidence and recognized the following.

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