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(영문) 청주지방법원 2017.11.02 2017노350
대부업등의등록및금융이용자보호에관한법률위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, the fact that the Defendant received interest exceeding 30% of the interest rate limit under the Interest Limitation Act, as stated in the following: (a) the victim E list of crimes attached to the victim E, (b) the victim I Nos. 2 through 12, and (3) the number of times in the annexed crime list Nos. 3, 5 through 8, 10, 17, 18, and 2, 3, as shown in the annexed crime list No. 1 from the victim L.

Nevertheless, the lower court found the Defendant not guilty of the crimes described above (1), (2) and (3) among the crimes described above, (2) and (2) and (3) and rendered the Defendant not guilty of the remaining crimes on the grounds thereof. Therefore, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The lower court’s sentence (7 million won in penalty) is too uneased and unreasonable.

2. Determination as to the misapprehension of facts or misapprehension of legal principles

A. The summary of this part of the facts charged and the judgment of the court below 1) The unregistered credit service provider does not charge interest exceeding the interest rate of 30% per annum as provided by the Interest Limitation Act.

Nevertheless, on February 23, 201, the Defendant loaned 9,300,000 won (7.53% per month, 90.32% per annum) monthly interest from 10,000 to 70,000 won after deducting 700,000 won from the prior interest from 10,000,000 won to the victim E, and received interest from the damaged person at the above interest rate from October 9, 2013 as well as from October 9, 2013, the Defendant borrowed 271,00,000,000 won in total from 18 times per annum to 168% per annum.

2) As to the judgment of the court below, the part as stated in (2) Nos. 1, 2, 4, 9, 11 through 16, 19, and 19, each time in the annexed list of crimes against victim I (3) of the annexed list of crimes against victim L.

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