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(영문) 부산지방법원 2013.03.28 2013고정543
대부업등의등록및금융이용자보호에관한법률위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On January 3, 2011, the Defendant was a person who engaged in credit business with the trade name "C Loans" in Article 102 of the Busan High-gu B Building 102.

1. On March 30, 201, the Defendant was requested to grant a loan of KRW 1.7 million from D at the above office around March 30, 201, and was given a loan of KRW 8.3 million after deducting KRW 1.7 million from D under the pretext of investment, and was paid two times every 15 days thereafter. Where the Defendant fails to pay the principal after 30 days, he/she again entered into a loan contract by extending the due date for repayment and concluding a loan contract by extending the due date for repayment to the Defendant.

4. Around 25.25. D received 1.7 million won from D and 368.8% interest at a rate exceeding the statutory interest rate by allowing repayment of the loan principal of KRW 10 million and annual interest rate of KRW 10 million by extending the loan period once.

2. Around June 1, 2011, the Defendant loaned KRW 8,300,000,000,000,000 after deducting KRW 1,700,000,000 from D as investment money, at the above office around June 1, 201, and concluded a loan agreement by extending the due date for repayment to the Defendant where the Defendant fails to repay the principal 30 days after the date of repayment, and the Defendant again made a loan agreement by extending the due date for repayment to the Defendant.

6. A loan of 3,300,000 won, subtracting the remainder of 5,00,000 won which was already repaid by D around 30.30,00 won, subtracting 1,70,000 won as an investment deposit, and the said contract is concluded on July 14, 201; and the same year.

8. 18, and the same year.

9.2. Each extension of the above loan agreement received interest at a rate of 670.5% per annum exceeding the statutory interest rate by requiring repayment of the loan principal of KRW 10 million and interest at a rate of KRW 24% per annum, even with additional money in the name of the investment loan, as a result of extending the above loan agreement.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The standard contract for each loan transaction;

1. A copy of an E head of a Tong and each duplicate;

1. Application of Acts and subordinate statutes attached to a report on calculating interest;

1. Relevant provisions concerning facts constituting an offense;

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