(영문) 대구지방법원 2017.09.08 2017노2313 | 리걸엔진

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(영문) 대구지방법원 2017.09.08 2017노2313

대부업등의등록및금융이용자보호에관한법률위반

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding (Article 2 of the judgment of the court below) The Defendant did not separately agree on whether the repayment amount was appropriated to the principal and interest rate among E, and the principal was not returned from E. Thus, the Defendant did not receive interest exceeding the statutory interest rate.

However, the court below found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (the penalty amount of KRW 700,000) is too unreasonable.

2. Determination

A. Examining the instant evidence on the assertion of misunderstanding of facts in detail, the Defendant and E may sufficiently recognize that with respect to loans of 2 million won on March 21, 2013 of the instant case, the Defendant and E shall pay 30,000 won a day and pay 30,000 won a day to the principal, 10,000 won a day to the interest, and that with respect to each loans of 12,000 won a day from March 27, 2013 and March 30, 2013, E shall pay 12,00 won a day to the principal and 2,000 won a day to the full payment, respectively, for 10,00 won a day to the principal and 2,00 won a day to the interest.

Where a person operating a loan business makes a loan by making an agreement to repay the principal and interest in installments, including interest exceeding the interest rate, and the respective interest included in the repayment principal and interest exceeds the interest rate limited, the loan business, etc. and the Act on the Registration of Loan Business and the Protection of Financial Users is established in itself (see Supreme Court Decision 2010Do2060, Dec. 27, 2012, etc.). Therefore, the circumstance that the Defendant was unable to receive the full refund of the principal and interest loaned from E does not affect the establishment of this part of the crime.

If so, the court below held that the defendant returned money from E.

유사 판례

-춘천지방법원 원주지원 2013.11.26 2013고단644

-서울중앙지방법원 2016.04.20 2016고정388

-의정부지방법원 고양지원 2018.09.14 2018고정559

-부산지방법원 2016.06.30 2016고단486

-서울동부지방법원 2018.11.07 2018고단3004