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(영문) 서울서부지방법원 2017.12.21 2016고정1619
대부업등의등록및금융이용자보호에관한법률위반
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No interest shall be collected in excess of 25% per annum, which is the interest rate prescribed by the Act on the Restriction of Interest.

Nevertheless, on February 25, 2015, the Defendant and D promised to borrow KRW 150,000,000,000 per month to F, who is the actual operator of the KOE and to receive KRW 150,000,000,000,000 equivalent to KRW 15,000,000,000 per month as interest and fee, but the Defendant and D again borrowed money from G on March 6, 2015, to receive KRW 18,000,000,000,000,000,000 won as principal. However, the Defendant and D promised to receive KRW 23,30,000,000,000,000,000,000,000,000,000,000,000,000 won.

Accordingly, the Defendant and D received from F on March 12, 2015, a total of KRW 150 million for the principal of the primary loan and KRW 33 million for the secondary interest and fees, and with respect to the primary loan, 292% per annum (12% by receiving interest of KRW 18 million for 15 days, 12x365/15 =292%) for the primary loan, and with respect to the secondary loan, 730% per annum (12%, 12x365/6730% with interest of KRW 15 million for 6 days) for the second loan.

Accordingly, the defendant in collusion with D received interest exceeding the interest rate of 25% per annum.

Summary of Evidence

1. Each legal statement of the witness F, H, I, J, and D;

1. Some statements made to the defendant in the protocol of interrogation of the suspect against the defendant (including D/S No. 45 of the evidence list);

1. Part of the statement (No. 46 No. 5 of the evidence list) among the one-time suspect interrogation protocol against K and F by the prosecution;

1. Statement of the police statement related to G;

1. Establishment of a right of lease on a deposit basis, a copy of a contract for creation of a right of lease on a deposit basis (a copy), a copy of a statement of transaction in our bank, a copy of a pre-contract for sale, a statement of transaction in a promissory note (a copy), a statement of bank transaction, a certificate of entire registered matters (land, building),

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