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(영문) 대구지방법원 서부지원 2020.04.07 2019고정243
대부업등의등록및금융이용자보호에관한법률위반
Text

1. The defendant shall be punished by a fine of one million won;

2. Where the above fine is not paid, 10,000 won shall be one day.

Reasons

Punishment of the crime

The maximum interest rate under a contract for lending and borrowing of money shall not exceed 24 percent per annum.

Nevertheless, around December 22, 2016, the Defendant loaned KRW 12 million to B from the Seongbuk-gu, Seongbuk-do, and agreed to pay the principal and interest of KRW 12 million in installments each day on 300 times (10 months) with the total of KRW 45.7% interest, and borrowed KRW 10 million in total, such as lending KRW 4 million to B from the same place around June 29, 2017, among the above loans, KRW 12 million,000,000,000,000 in total, among the loans, at the same place, and received the interest of the same interest rate under the above condition.

As a result, the Defendant lent the loan to B, and received 45.7% interest exceeding 24% per annum.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

2. Each police statement concerning B;

3. Investigation report (verification of borrowed money submitted by the complainant).

4. Application of Acts and subordinate statutes to a copy of a notarial deed or a copy of a borrowed document (Evidence No. 89 pages);

1. Relevant provisions of the Acts concerning facts constituting an offense, and Articles 8 (1) and 2 (1) of the Restriction on Interest Options of Punishment Act;

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

3. Article 334 (1) of the Criminal Procedure Act.

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