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(영문) 대전지방법원 2016.08.18 2016노1035
대부업등의등록및금융이용자보호에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, by lending money to the victim E, borne by the Defendant for expenses incurred in establishing a right to collateral security, notarial expenses, and expenses, etc., and subsequently returned the principal amount of KRW 30 million,000,000,000 to the victim. Thus, the Defendant did not have received interest from the victim, and the court did not in fact receive interest exceeding self-regulation.

B. The sentence of the lower court’s unfair sentencing (an amount of five million won) is too unreasonable.

2. The court below stated that "the victim provided real estate under G as security by borrowing 40 million won as interest at the 10-month interest rate without setting the repayment period," and that "the defendant offered 9,945,470 won as interest prior to the 2-month interest rate of 8 million won and the cost of establishing a collateral, and transferred 30,054,530 won as interest to G account in the name of G," and that "the victim did not have any reason to assert that the principal was paid in 60,000 won and interest rate of 30,054,530 won and interest rate of 30,000 won and interest rate of 30,000 won and interest rate of 70,000 won and interest rate of 70,000 won and interest rate of 70,000 won and interest rate of 70,000 won and interest rate of 30,000 won and interest rate of 7,00,000 won."

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