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(영문) 서울중앙지방법원 2015.02.06 2014고정5287
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who runs a credit business from June 23, 2008 to Seocho-gu Seoul Metropolitan Government “E” in the name of “E,” and a credit service provider, when granting a loan to an individual or a small-scale corporation, may not exceed the annual interest rate of 49% from October 4, 2007 to July 20, 201, and the annual interest rate of 44% from July 21, 201 to June 26, 201.

Nevertheless, around November 19, 2008, the Defendant, at the certified judicial scrivener office located in Seocho-gu Seoul Metropolitan Government, set up a collateral security amount of KRW 2.8 billion with respect to H land and building owned by the said company to the representative director G, etc. of the FF corporation, the representative director G, etc., and set up a receipt of KRW 1.0 billion with respect to H land and building owned by the said company,

After that, the Defendant submitted a claim statement of KRW 1.892.5 billion per month interest of KRW 4 billion per month on the principal and KRW 8.5 billion in the auction procedure for the Seo-gu Daejeon District Court I, Seo-gu, Daejeon District Court I on February 8, 201, the Defendant submitted a claim statement of KRW 1.892.5 billion per month on the principal and KRW 8.5 billion, and the same year.

2. The dividends of KRW 918,317,90 on September 25, 200 and the dividends of KRW 899,250,000 among them were appropriated for the interest of KRW 560,000,000 per annum, and the interest was paid in excess of the interest rate per annum.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. An application for an auction of real estate;

1. Statement of claims;

1. A table of distribution to the Daejeon District Court;

1. Application of Acts and subordinate statutes to a criminal investigation report (verification of interest limitation rates), investigation report (calculated of interest rates received by a suspect);

1. Article 19(2)3 and Article 8(1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, etc., for which the relevant provision of criminal facts and punishment are selected, and Articles 19(2)3 and 19(2)1 of the Act on the Protection of Finance Users (Amended by Act No. 10580,

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

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