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(영문) 부산지방법원 2014.04.09 2013고정6472
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From October 2009 to April 201, 2012, the Defendant is a person who engages in credit business specializing in small-amount loans to department stores, managers and low-income people in his/her own business name in B’s dwelling from October 2009 to April 201.

On January 20, 2010, the Defendant: (a) around 14:00 on January 20, 2010, received documents, such as a loan certificate, a certified copy of resident registration, an abstract, and a certificate of the personal seal impression, from C, a customer who works at the store located in Busan Metropolitan City, by one copy, etc.; and (b) granted loans of KRW 15 million on the basis of repayment of KRW 21 million after ten months; (c) granted loans of KRW 14,100,000,000,0000,0000,000 per annum, and received an amount equivalent to 95.8% per annum, etc.

1. A list of crimes, such as lending 9.4 million won after deducting 6 million won as the prior interest on the condition of repaying 14 million won after 10 months, and receiving 9.8% of the annual interest rate, at around 14:00 on January 20, 2010, the interest rate limit is violated by receiving interest by collecting an amount exceeding the statutory interest rate, and collecting 1.4 million won as the interest rate is equivalent to 95.8% of the annual interest rate from the date on which he/she intends to borrow 9.8% of the annual interest rate by receiving documents, such as a loan certificate, a certified copy or abstract of resident registration, and a certificate of proxy from a borrower who works at the place to a customer.

2. The interest rate limitation was violated by receiving the amount exceeding the statutory interest rate, such as the description.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 19 (2) 3 and Article 8 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and the Selection of Punishments, Articles 19 (2) 3 and 8 (1);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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