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(영문) 서울중앙지방법원 2014.04.24 2014고정1293
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a credit business registered with the trade name “C” in the business name B, 205 and 404 at the time of the business name, and when a credit service provider lends a loan to an individual or a small corporation prescribed by Presidential Decree, the interest rate shall not exceed 39%.

On October 29, 2012, the Defendant loaned the D Building 2.5 million won per day to E from the Seocho-gu Seoul Metropolitan Government D Building 2.5 million won to E for 48 days, and around November 8, 2012, the Defendant loaned the D Building 2.5 million won per day from the above place under the condition that E shall be repaid for 48 days in 50,000 won per day. Around November 8, 2012, the Defendant collected approximately KRW 7.50,000 from E and exceeded the statutory interest rate of 1.49% per annum.

Accordingly, the defendant received interest exceeding the statutory interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police about E (2 times);

1. A list of transactions by account;

1. Application of Acts and subordinate statutes on registration of credit business;

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

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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