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(영문) 부산지방법원 2013.06.12 2013고단1090
대부업등의등록및금융이용자보호에관한법률위반
Text

1. The defendant shall be punished by a fine of twelve thousand won or more;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

Where an unregistered credit service provider provides a loan, it shall not exceed 30% per annum, which is the maximum interest rate under the Interest Limitation Act on the lending and borrowing of money.

1. On December 201, 201, Police Officers agreed to lend 169.88% per annum to the net C at the mutual infinite coffee shop located in Busan-dong, Busan-gu, and agreed to receive 30,000 won per day for 80 days each day including principal and interest, and violated the limitation on the interest rate.

2. On January 1, 2012, at the same place as before the early police officer, a person agreed to lend KRW 3 million to the network C, including the principal and interest, to receive KRW 300,000 per week, and violated the limitation on the interest rate by lending at the interest rate of 116.4% per annum.

3. Around February 27, 2012, at the E coffee shop located in Busan, the agreement was reached to lend the net C with a KRW 8 million interest rate of KRW 400,000 per annum until the principal is repaid, and the loan interest rate limitation was violated at the interest rate of KRW 61% per annum.

4. On May 20, 2012, on the front side of the Busan City bank located in the Dong-dong, Busan, the agreement was reached to lend 4 million won to F to F for 84 days each day, including principal and interest, and the loan interest rate limit was violated at the interest rate of 265.84% per annum.

5. On May 26, 2012, around the Busan-gu G building, Busan-gu, agreed to lend KRW 1 million to H, and agreed to receive KRW 20,000 per day for 63 days each day, including the principal and interest, and violated the limitation on the interest rate for lending to H at the interest rate of 265.84% per annum.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I, J, H, F, and K;

1. Application of Acts and subordinate statutes to each investigation report (Attachment to a loan agreement and calculation of interest rates);

1. Article 19 (2) 3 and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Financial Users concerning the facts constituting the crime;

1. Selection of each alternative fine for punishment;

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

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