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(영문) 의정부지방법원 고양지원 2012.12.14 2012고정1396
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 29, 2010, the Defendant is a person who operates credit business (registration number:E) under the name of “C Loans” in the Gyeonggi-gu D apartment 1 and 403, Seocheon-gu, Seocheon-gu, Seocheon-gu.

Where a credit service provider lends a loan to an individual or a small corporation prescribed by Presidential Decree, the interest rate shall not exceed 39% per annum, which shall be the interest rate prescribed by Presidential Decree within 50/100 per annum.

Nevertheless, on December 31, 2009, the Defendant loaned KRW 15 million to G in the office of the Korea-U.S. F Judicial scrivener on December 31, 2009 and actually loaned KRW 13.5 million after deducting KRW 1.5 million from the advance interest. The Defendant received monthly interest of KRW 1.5 million and exceeded the statutory interest rate of KRW 120 per annum.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of the Acts and subordinate statutes to a copy of passbook and a rejected loan paper;

1. Article 19 (2) 3 and Article 8 of the Act on Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, and Selection of fines;

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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