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(영문) 의정부지방법원 고양지원 2014.07.17 2014고단641
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a person who actually runs credit business in the name of the defendant in the Goyang-si B building No. 404 of Goyang-si.

No credit service provider may, when granting a loan to an individual or a small-scale corporation, exceed 39% per annum, which is the statutory interest rate under the Enforcement Decree of the Credit Business Act.

(1) On June 5, 2013, the Defendant extended a loan of KRW 4 million to the said lending company as collateral for the victim-owned Erocketing vehicles, and granted a loan of KRW 3,460,000 after deducting KRW 5,400,000 as the prior interest, and received interest in violation of the restriction on the interest rate of KRW 187,00 per annum exceeding 39% per annum, which is the legal interest rate, by paying the principal 4 million after one month.

(2) On August 1, 2013, the Defendant extended a loan of KRW 4 million to the said lending company as collateral for the victim-owned Erocketing vehicles, and granted a loan of KRW 3,460,000 after deducting KRW 5,400,000 as the interest rate, and received interest in violation of the restriction on the interest rate of KRW 187,00 per annum exceeding 39% per annum, which is the legal interest rate, by paying the principal 4 million after the month.

(3) On October 7, 2013, the Defendant extended a loan of KRW 4 million to the said lending company as collateral for the victim-owned Erocketing vehicles, and granted a loan of KRW 3,460,000 after deducting KRW 5,400,000 from the prior interest, and received interest in violation of the restriction on the interest rate of KRW 187,00 per annum exceeding 39% per annum, which is the legal interest rate, by paying the principal 4 million after one month.

(4) On November 13, 2013, the Defendant loaned 4 million won to the said lending company as collateral for the victim-owned Erocketing vehicles, and actually lent 3,460,000 won after deducting 5,400,000 won as the interest rate. The Defendant borrowed 3,460,000 won by repaying 4 million won as the principal interest rate after the month, in violation of the restriction on interest rate of 187% per annum exceeding 39% per annum, which is the legal interest rate per annum.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Investigative reports (Calculation of interest rates);

1. The Act and subordinate statutes governing the investigation report (absent of loan documents);

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