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(영문) 춘천지방법원 원주지원 2013.05.29 2013고정174
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant is a person who engages in credit business under the trade name “D” in the prime City Ctel 1304.

No credit service provider may, when it lends a loan to any individual or any small-scale corporation prescribed by Presidential Decree, receive interest exceeding 39% per annum.

Nevertheless, on June 27, 2012, the Defendant received interest of 1,417.7% per annum by withdrawing 730,000 won as principal and interest by using the aforementioned credit card cash service function from an obligor, who is an obligor, whose name is not known in the Han-dong Agricultural Cooperative, in lieu of KRW 702,707, the amount of arrears with credit card as security, and then received interest of 1,425.8% per annum from the obligor, who is an obligor, and whose name is not known at the same place on August 14, 2012, by withdrawing KRW 1,002,827 in the same manner, with the principal and interest of KRW 1,42,00 by withdrawing KRW 1,425.8% per annum from the obligor, who is an obligor, and whose name is not known at the same place on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement of the defendant;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to Table of Interest Rate Calculation);

1. Article 19 (2) 3 and Article 8 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and the Selection of 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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