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(영문) 제주지방법원 2014.05.23 2014고정44
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is the “credit service provider” as provided by the Act on Registration of Credit Business, etc. and Protection of Finance Users.

No credit service provider may lend a loan to an individual at least 39 percent of the statutory maximum interest rate.

Nevertheless,

1. On June 12, 2013, the victim C, who was found in need of salary in front of the new bank located in the new bank located in the Dok-dong at the low time and at the low time, lent the victim-owned market price of KRW 2.4 million as security, and applied the interest rate exceeding the statutory interest rate, thereby deducting KRW 4.9 million as prior interest and making an illegal loan by deducting KRW 4.9 million as the name of the victim.

2. On July 25, 2013, in the front of the new bank located in the city of 10 million won, the victim was lent KRW 10 million to the victim as security in the same way as the victim’s ownership in the same manner, and the interest rate exceeding the statutory interest rate was applied to the illegal loan by deducting KRW 70,000 as the interest rate exceeding the statutory interest rate.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Details of deposits, register of automobiles, application of Acts and subordinate statutes of credit business registration certificate;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. At the time of each loan in its holding, the Defendant set the loan interest rate at 3.25% per annum (39% per annum) and set the cost of preserving each vehicle’s collateral (vehicle management cost, parking fee, etc.) at 3.75% per month, and thus, it does not exceed the statutory interest rate.

2. Article 8(2) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”).

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