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(영문) 서울서부지방법원 2016.12.08 2016고정671
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Although the interest rate stipulated in the Interest Limitation Act does not exceed 25% per annum when an unregistered credit service provider makes a loan, the Defendant and C extended the loan brokerage business and unregistered credit business with the trade name of (150 million won) E on February 25, 2015, while lending KRW 150 million to G, which is the actual operator of the KCAF, around February 25, 2015, at the rate of KRW 300,000,000,000 per month and the interest rate of KRW 15,000,000,000 won per week, G promised to receive KRW 18,000,000,000 per week, and the Defendant and C again borrowed money from H on March 6, 2015 to receive KRW 10,000,000,000,000 from the above G bank under the name of the principal and the national tax, and paid KRW 238,300,000,00 won by subrogation.

The Defendant and C received from G around March 12, 2015, a total of KRW 150,000,000 and KRW 33,000,000,000 for the principal of the primary loan, and KRW 18,000,000 for the secondary interest and service fees, with interest on 292% per annum for the primary loan (15,00,000 won for 18 days, and 12% x 365/15/292%), and with interest on 730% per annum for the secondary loan (15,00,000 won for 6 days, and 12% x365/6/70%) for the secondary loan.

Accordingly, the Defendant, in collusion with C, received interest exceeding the limited interest rate.

Summary of Evidence

1. Legal statement of witness G, witness C and I in each part of the legal statement;

1. Each prosecutor's interrogation protocol concerning C and I;

1. The first and second police interrogation protocol against the accused (including the whole part and the accompanying name);

1. Each police statement made to G and H;

1. Establishment of a right to lease on a deposit basis, a document establishing a right to collateral security, a copy of a statement of transaction in Korean bank, a copy of a reservation certificate, a statement of transaction in a promissory note, a full certificate of registered matters, and a notice of transfer of confirmed bonds;

1. Application of Acts and subordinate statutes governing recording records;

1. Criminal facts;

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