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(영문) 서울중앙지방법원 2014.02.19 2012고정6215
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Although anyone does not receive interest exceeding 30% per annum, which is the maximum interest rate under the contract for lending and borrowing of money, the defendant lent 22 million won to F from "E" located in Ansan-si, Ansan-si, Busan-si, and grants only 19.8 million won remaining after deducting 2.2 million won as a prior interest, and receives interest of 81.1% per annum exceeding the statutory maximum interest rate from March 6, 2012 to the same year.

4. Until December, 12, as shown in the annexed List of Crimes, money was leased over 12 times in total and interest was paid in excess of the statutory maximum interest rate.

Summary of Evidence

1. Statement of the fourth police statement related to F;

1. Details of transactions in the passbook with the new bank (record No. 83 through 111 pages);

1. Application of Acts and subordinate statutes to the transaction details of passbooks of each company bank (the investigative records No. 130 through 134, 135 through 235);

1. Article 8(1) of the pertinent Act on Criminal facts and Articles 2(1) and 2(1) of the Act on the Restriction of Interest Rate on the Determination of Punishment (The defendant received high interest rate according to F’s proposal; the defense counsel asserts that the defendant did not receive any excess interest since the defendant was not fully reimbursed the total amount of principal and interest from F, but it is reasonable to deem that F, the debtor, was designated as the debtor under Article 476(1) of the Civil Act, and therefore, the defendant is guilty of the facts charged in the instant case)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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