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(영문) 서울북부지방법원 2020.08.13 2020고정819
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 800,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who engages in credit business under the trade name “D” in the third floor of the Dongdaemun-gu Seoul Metropolitan Government building B.

A credit service provider shall not, when it lends a loan to an individual or a small corporation, exceed 24 percent per annum.

On September 24, 2019, the Defendant entered into a loan agreement with G from the fifth floor F of the building in Seoul Special Metropolitan City, Nowon-gu to pay a total of KRW 3.6 million for 60,000,000 including the principal and interest of KRW 3.6 million each day, and received interest at an annual interest rate of KRW 388.8%, excluding the preferred interest and KRW 3.50,000.

Summary of Evidence

1. The suspect interrogation protocol of the police concerning the defendant's court statement G;

1. Investigation report (Judgment as to whether this loan contract exceeds the interest rate limited);

1. Application of Acts and subordinate statutes on the standard contract for loan transactions;

1. Article 19 (2) 3 and Article 8 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and the Selection of fines;

1. Articles 70 (1) 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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