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(영문) 의정부지방법원 고양지원 2014.11.14 2014고정538
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is a person who has registered a credit business under the trade name of Dongdaemun-gu Seoul Metropolitan Government D and 307 between June 12, 2009 and June 11, 2012, and Defendant B is a person who had registered a credit business under the trade name of Guri-si F and 201-1902 from June 22, 2008.

Defendant

A No credit service provider may, when granting a loan to an individual or a small-scale corporation, exceed the interest rate (44/100) provided for in the Enforcement Decree of the Credit Business Act.

Nevertheless, around January 7, 2011, the Defendant transferred 14,6250,000 won obtained by deducting 3,750,000,000 interest from 15,000,000,000 for a six-month period from Ha’s residence to Ha, and received 1,4,770,000 won from Ha to Ha in cash as the fee for creation, etc. by having I receive 1,47,00,000 won from 1,31,550,000 won in cash, which is more than 444% of the statutory interest rate, thereby violating the restriction on the interest rate.

B. Defendant B’s loan to an individual or a small-scale corporation may not exceed the interest rate (39/100) stipulated in the Enforcement Decree of the Credit Business Act.

Nevertheless, around July 26, 2012, the Defendant extended a loan of KRW 60 million to a non-term maturity period at H’s residence and received KRW 1.5 million interest rate of KRW 1.5 million interest rate and KRW 7.8 million interest rate of KRW 6.3 million interest rate, and violated the limitation on interest rate by lending KRW 52 million interest rate of KRW 52.2 million interest rate.

2. Although the Defendants, at the time of lending each of the instant money to the obligor H, did not know that they received additional money from H under the pretext of charges, such as I’s cost, and thus did not violate the limitation on the interest rate if calculated on the basis of the deducted interest rate.

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