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(영문) 대구지방법원 서부지원 2013.09.25 2012고정1835
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall receive interest exceeding 30% per annum, which is the maximum interest rate under a contract for lending and borrowing of money.

Nevertheless,

1. On July 19, 2010, the Defendant loaned 5% of interest per month to E at the D office located in Daegu-gu, Daegu-gu, as well as 2 months due, and paid 6 million won as prior interest, and paid 5.7 million won after deducting 3 million won as prior interest, and received interest in violation of the restriction on the interest rate.

2. Around September 14:30 on September 7, 2010, the Defendant loaned 5% of interest per month to E at the above D office and 20 million won for three months due to the due date, and paid 1,675,000 won after deducting 3.255,000 won in advance interest, fees, and notarial fees, thereby having violated the restriction on interest rates.

3. Around 14:00 on October 20, 2010, the Defendant loaned KRW 5% of interest per month to E at the above D office, and KRW 17.5 million for a two-year period due, and was paid interest in violation of the restriction on the interest rate by receiving KRW 8.5 million as interest on December 3, 2010.

4. Around 13:00 on May 20, 201, the Defendant loaned KRW 5 million to E at the foregoing D office with a fixed amount of KRW 5 million per month and KRW 5 million for two months due, and the Defendant was paid interest in violation of the restriction on the interest rate by receiving 4.5 million after deducting KRW 5 million from the name of the advance interest for two months (67% per annum).

Summary of Evidence

1. Partial statement of the defendant;

1. Police officers and prosecutor's protocol of statement regarding E;

1. Application of the Acts and subordinate statutes to report investigation and internal investigation;

1. Articles 8(1) and 2(1) of the Act on the Limitation of Interest on Criminal Facts; and “the maximum interest rate under Article 2(1) of the Interest Limitation Act”

1. Selection of each alternative fine for punishment;

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. As Article 334(1) of the Criminal Procedure Act, Article 7 of the Interest Limitation Act was amended by Act No. 9344 on January 21, 2009, Article 334(1) of the Provisional Payment Order, the said Act does not register credit business.

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