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(영문) 대구지방법원 2015.06.11 2014고정2649
대부업등의등록및금융이용자보호에관한법률위반등
Text

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

Defendant

A is a person who engages in credit business under the trade name of the Daegu Northern-gu C and 502 "D". 1. In the event a credit service provider in violation of the Act on Registration of Credit Business and Protection of Financial Users lends a loan to an individual or a small-scale corporation prescribed by Presidential Decree, the interest rate shall not exceed 39/100 per annum. Nevertheless, around November 2013, the Defendant lent KRW 12.5 million to E in front of the indoor gymnasium located in the Daegu Northern-dong, Daegu Northern-dong, and lent KRW 700,000 per annum as the interest rate of KRW 515,00 per annum as the interest rate per annum until the principal is repaid. The Defendant extended a loan at the above interest rate and exceeded the restriction on the interest rate. 2. On February 2, 2013, the Defendant issued a loan to the victim of the Defendant’s indoor gymna in front of and in front of the Defendant’s indoor gymna.

"In doing so, violence was committed by batling bats."

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The defendant of the annual interest rate calculation table, such as a copy of the passbook and a detailed statement of deposit transactions, asserts that there is no difference between the victim and the victim's assault, but the victim's legal statement is the main point;

In this part, financial data such as payment details are consistent with the victim's statement, and credibility is credibility.

The Defendant asserts to the effect that not only the interest but also the principal and other expenses are included in the monthly amount of 5,15,000 won paid by the victim. However, the credit service provider’s receipt in relation to a loan should be deemed as interest in calculating the interest rate, regardless of its name, such as honorarium, discount, fees, mutual aid, overdue interest, and substitute payment. Thus, even if other expenses are included in the amount of 5,15,000 won, it shall be deemed as interest in calculating the amount exceeding the interest under the Credit Business Act. The victim from December 2, 2013.

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