(영문) 대구지방법원 상주지원 2014.04.01 2013고단437

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(영문) 대구지방법원 상주지원 2014.04.01 2013고단437

대부업등의등록및금융이용자보호에관한법률위반

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Where a credit service provider grants a loan to an individual, the interest rate shall not exceed the rate prescribed by Presidential Decree within the limit of 50/100 per annum.

On June 1, 2010, the Defendant lent KRW 3,00,00 to the debtor C at the Seocho-si, Seocho-si, the Defendant, in fact, paid KRW 1,50,000,000 to the debtor C, and KRW 2,50,000,00 for the number of days of a vessel, and violated the interest rate limit by receiving interest rate of KRW 441 per annum on the condition that 60,000 per day shall be repaid in equal amount of principal and interest for 60,000 per day, and violated the interest rate limit on a total of 22 occasions from around that time to May 16, 201.

"2013 Highest 618"

1. Where a credit service provider grants a loan to an individual, the interest rate shall not exceed the rate prescribed by Presidential Decree within the limit of 50/100 per annum;

On February 2, 2012, the Defendant loaned KRW 2 million to the debtor F in E, which was permanently stationed in D, and violated the interest rate limit by allowing the debtor F to receive interest rate of KRW 1.9 million per annum 292.1% per annum on the condition that the principal and interest of KRW 40,000 per day is repaid for 60 days.

2. On May 2012, the Defendant, without registering with the competent Mayor, lent KRW 3 million to the debtor F in the above E, and actually paid KRW 2.85 million a fee of KRW 1.5 million to the debtor F, and for 60 days a day, the Defendant violated the interest rate limitation by receiving interest rate of KRW 292.1% per annum on the condition that the principal and interest of KRW 60,000 per day be repaid for 60 days.

Summary of Evidence

"2013 Highest 437"

1. Defendant's legal statement;

1. Each police statement concerning C and G;

1. Abstract of the details of transactions in each account;

1. Details of account transactions for victims and the details of each account;

1. Documents pertaining to credit business;

1. Data for calculation of interest rates "2013 highest 618";

1. Defendant's legal statement;

1. The police statement concerning F;

1. Registration certificate of credit business;

1. Certification of closure of business;