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(영문) 춘천지방법원 강릉지원 2017.12.13 2017고정293
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. A person who intends to engage in a loan business without registration shall register the loan business with the Mayor having jurisdiction over the place of business;

Nevertheless, on November 6, 2014, the Defendant loaned KRW 200,000,000,000 to E in the D main points operated by the Defendant, which was operated by the Defendant, for the purpose of receiving KRW 20,000 per day interest from the D main points operated by the Defendant, and paid KRW 1.8 million, excluding KRW 200,000,000 in advance interest as prior interest, from December 1, 2016 to December 1, 2016.

2. Where an unregistered credit service provider grants or receives a loan in excess of statutory interest rates, it shall not receive interest exceeding 25% per annum, which is the highest interest rate under the contract for lending and borrowing money as stipulated in Article 2 (1) of the Interest Limitation Act, with respect to the interest rate;

Nevertheless, around November 6, 2014, the Defendant lent KRW 200,000 to E on the condition that KRW 200,000 per day interest is paid to E, and offered KRW 200,000 as a prior interest. However, the Defendant received KRW 2 million in total over 100 days from E and received interest at the annual interest rate of KRW 365% from E, and received from that time until December 1, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement made to the accused in F and G in each protocol concerning the examination of suspect by the police;

1. Each police statement made to F, G, and E;

1. A complaint, each written confirmation, each statement of confirmation, each statement of transaction in each passbook, investigation report (in relation to the verification of details of loans attached to E-data submitted by a complainant), investigation report (related to calculation of interest rates), investigation report (related to calculation of interest rates), calculation of interest rates on the one-time situation principle on the basis of the number of days, data calculating the calculation of interest rates on the one-time situation principle, and detailed certificates of account of

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