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(영문) 대구지방법원 서부지원 2013.06.19 2013고정690
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. In a case where a joint-principal credit service provider with B lends a loan, the interest rate for the loan does not exceed 30% per annum. The Defendant and B did not register credit business, and they agreed to lend 2,00,000 won to D around May 11, 201, and receive 40,000 per annum interest rate of 1,90,000 won per annum after deducting 1,00,000 won per annum from D and deducting 30% per annum interest rate of 292% per annum from D, as stated in the attached Table 1 of the crime committed during the period from around June 28, 2011. The Defendant and B received 61,005,000 won per annum 31,005,000 won per annum from D and received 30% interest rate per annum from D,00 to June 28, 2011.

Accordingly, the Defendant, in collusion with B, did not register credit business and received interest exceeding the statutory interest rate as above.

2. In the event that an unregistered credit service provider that grants a loan does not exceed 30% per annum, the Defendant did not register a credit business, but agreed to lend KRW 2,00,000 to G from “H” operated by G located in “H” in “F of the Jeon Chang-gun, North Korea on July 3, 201, and receive 40,000 won with interest rate of KRW 1,960,000 on a 60-day basis after deducting KRW 40,000 from the interest rate of KRW 1,960,00, and then receiving interest rate of KRW 252% per annum exceeding 30% per annum from G. From that time to July 14, 2011, the Defendant loaned KRW 21,80,000 per annum 11,000,000 per annum and received interest rate of KRW 19,1956 per annum.

Accordingly, the Defendant, without registering credit business, received interest exceeding the statutory interest rate as above.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A copy of each agricultural bank account;

1. Application of the laws and regulations to a single bank account copy.

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