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(영문) 대전지방법원 서산지원 2013.08.09 2013고단301
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

The Defendant registered “B” with the trade name “B” around August 24, 2011, and is a person who engages in credit business without registration prior to the aforementioned registration.

Where an unregistered credit service provider provides a loan, it shall not exceed 30% per annum, which shall be the interest rate prescribed by Presidential Decree.

1. Around 15:00 on January 3, 201, the Defendant agreed to pay 5,00,000 won per day ( principal 50,000 won) to C within the Defendant’s residential area located in Seosan-si D and 201 (E House) and agreed to receive 65,000 won per day ( principal 50,000 won) and received interest in the form of 15,000 won per day (the principal and interest actually received was 3,120,000 won) and violated the restriction of interest rate by receiving interest equivalent to 19.1% per annum.

2. Around 15:00 on February 15, 201, the Defendant violated the F’s restriction on interest rate by borrowing KRW 3,00,000 to F within the Defendant’s residence, agreed to pay KRW 60,000 per day (the principal KRW 50,000) to F for 60 days per day, and by receiving interest (the principal and interest actually received shall be KRW 1,980,000 per day) in the form of 10,000 per day (the principal and interest actually received is KRW 33 days), and by receiving interest equivalent to 225.7% per annum.

3. On July 11, 201, the Defendant violated the restriction on the interest rate of G, while lending KRW 3,00,000 to G within the above Defendant’s residence, agreed to pay KRW 39,000 per day (principal KRW 30,000) to G for 100 days, and received interest (the principal and interest actually received shall be KRW 1,170,000 per day) in the form of 9,000 per day, and violated the restriction on the interest rate by receiving interest equivalent to 1,170,000 per annum.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. AF loan certificate, G loan certificate, statement of repayment, and statement of transactions of the deposit for self-reliance in the agricultural bank account in A's name;

1. Confirmation and excess of the relevant Articles relating to limitation on the interest rate of the investigation report;

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