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(영문) 수원지방법원 성남지원 2013.12.26 2013고단1679
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant engaged in credit business under the trade name “F” from August 11, 2009 to December 28, 2011.

The Defendant, at around March 4, 2011, loaned KRW 9,600,00 to the obligor I from the “H key point” located in Seongbuk-gu Seoul Special Metropolitan City, Seongbuk-gu, and received interest of KRW 400,00 per month (50 per annum) in excess of the annual interest rate of KRW 44% per month on condition that the principal shall be repaid after one year, on condition that the principal be repaid.

5. On condition that he redeems KRW 2,880,00 per day to the debtor I for 90 days per day, he was paid interest equivalent to the interest rate of KRW 186.5% per year after concluding a loan contract on condition that he redeems KRW 40,00 per day.

B. On April 2012, the Defendant, without registering credit business, concluded a loan agreement with the debtor I on the condition that the debtor I would be paid interest of KRW 40,000 per annum for 61% per month for 12 months on condition that the debtor I would be paid interest rate of KRW 7,60,000,000, which was calculated by subtracting KRW 240,000 from the "K Real Estate" located in the Sungnam-gu Seoul Special Metropolitan City Council, Sungnam-gu.

2. On February 27, 2012, Defendant B entered into a loan agreement on a condition that he/she redeems the debtor L for 90,000 won each 40,000 won, deducting 90,000 won from “H main points” located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul, and received interest equivalent to the interest rate of 177.5% per annum.

Summary of Evidence

1. Defendants’ respective legal statements

1. The suspect interrogation protocol of the defendant A by the police;

1. Statement of the police officer to I;

1. Report on internal investigation (specific principal, etc. of a loan), report on internal investigation (calculated as principal and interest rate of eight million won or more loaned to a police officer on April 2012), and report on internal investigation (specific interest rate);

1. Application of Acts and subordinate statutes to the investigation report (specific interest rate for the number of days to the suspect B);

1. Article 19 (1) 1 and Article 3 of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 19 (2) 3 and Article 8 of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Article 19 (2) 3 of the Act on Protection of Credit Business, etc. and Protection of Finance Users, shall be limited to interest rates;

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