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(영문) 서울중앙지방법원 2014.06.18 2014고정2350
대부업등의등록및금융이용자보호에관한법률위반
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Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant operates credit business with the trade name of "B (C)" against the small merchants of Gangseo-gu Seoul Metropolitan Government and Yangcheon-gu Council members.

No credit service provider shall lend money to the opposite contractual party in excess of 39% per annum (3.25% per month).

Nevertheless, the defendant in collusion with D, E, or F

1. Around September 6, 2013, at the rate of 159.9% (13.32% a month) per annum on the condition that I operating the “H” located in Gangseo-gu Seoul Metropolitan Government from KRW 3 million after deducting KRW 90,000 as a fee from KRW 2.9,000 per annum and receive interest exceeding the limited interest rate of KRW 159.9% per annum (13.32%) for 100 days;

2. On September 16, 2013, around 2013, a loan of KRW 3 million with the amount of KRW 90,000,000 per day after deducting KRW 90,000 from the amount of commission to L operating the K cafeteria located in the Yangcheon-gu Seoul Metropolitan Government J, and at least the interest rate exceeding the limited interest rate by applying the annual interest rate of KRW 159.9% (13.32%) per day for 100 days;

3. around September 27, 2013: (a) around KRW 3 million was deducted from KRW 90,000,000 per annum from KRW 2.9% per annum (159.9% per annum (13.32% per annum) with a condition that the annual interest rate of KRW 36,000 per annum shall be repaid from KRW 2.9,000 per annum to theO operating a 'Ncafeteria' in Gangseo-gu Seoul Metropolitan Government; (b) received interest exceeding the limited interest rate;

4. Around November 21, 2013, R operating Q “P” in Yangcheon-gu Seoul Metropolitan Government loaned KRW 2 million after deducting KRW 60,000 as a commission fee from KRW 1.9 million and received interest exceeding the interest rate by applying the interest rate of KRW 159.9% per annum (13.32% per annum) for 100 days on condition that the principal and interest shall be repaid at KRW 24,000 per day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against D, E, or F;

1. An investigation report (with respect to failure to prepare a written statement of the victim), an investigation report (the monetary report of the victim), and an investigation report;

1. Each statement of I,O, and R 1.

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