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(영문) 서울동부지방법원 2014.01.08 2012고정2070
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The Defendant of Seongdong-gu Seoul from August 25, 2011, is a person who engages in credit business with the trade name “D” in Seongdong-gu Seoul.

Where a credit service provider lends a loan to an individual, the interest rate shall not exceed the rate prescribed by Presidential Decree within 50/100 (49% per annum from October 4, 2007 to July 20, 201, 44% per annum from July 21, 201 to June 26, 201, and 39% per annum from June 27, 201).

Nevertheless, around March 19, 2012, the Defendant received interest at the interest rate of 977.7% per annum in violation of the statutory interest rate limit by paying 1.55 million won from the principal to E, deducting 6.5 million won as a fee, from the principal of 2 million won, to E, and by making repayment of 2.45 million won after one month.

The Defendant, including this, received interest, from October 2009 to March 19, 2012, by violating the statutory interest rate limit on three occasions in total, as indicated in the attached Table Nos. 1, 2, and 4 in the list of crimes committed by the Defendant.

The Defendant of Seongdong-gu Seoul Metropolitan Government, from August 25, 2011, has operated credit business with the trade name “D” in Seongdong-gu Seoul Metropolitan Government from August 25, 201.

Where a credit service provider lends a loan to an individual, the interest rate shall not exceed 39% per annum.

Nevertheless, around March 8, 2012, the Defendant lent KRW 2,00,00 to F at the Defendant’s house located in Seongdong-gu Seoul Metropolitan Government, and stated that the charge of KRW 640,00 as prior interest and fees is deducted from KRW 740,00 under the name of prior interest and fees. However, according to the witness F’s statement, according to the witness F’s legal statement, the Defendant was found to have paid KRW 1,360,00 on the condition that the Defendant deducted KRW 640,00 under the name of prior interest and fees at the time and paid KRW 720,00 on three occasions each month, and accordingly, the Defendant paid KRW 1,360,00 on the condition that he/she shall pay KRW 720,00 on three occasions per month. Accordingly, the interest rate is calculated 235.2% per year [i.e., prior interest and commission KRW 80,000 x 4 (interest for one year) x one million

720,000 won per month after deducting each subparagraph.

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