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(영문) 대구지방법원 2012.10.11 2012고단5038
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

Where an unregistered credit service provider lends a loan to an individual, etc., the loan interest rate shall not exceed 30% per annum.

1. On November 201, Defendant B lent KRW 1 million to C at an infer convenience store near the subway Station in Daegu-gu, Daegu-gu, and received interest of KRW 20,000 (including KRW 3% prior interest) for 60 days and received interest of KRW 265% per annum, and around that time, from around March 201, Defendant B loaned KRW 68,50,000 for total 27 times against the debtor 18 as indicated in the annexed Table 1 of Crimes List from around that time to March 2012, and received interest of KRW 185 to 988% per annum.

Accordingly, the defendant received interest exceeding the statutory limit interest rate.

2. Defendant A

A. A. Around November 26, 2009, the Defendant offered a loan of KRW 2,00,000 from a passenger car in the parking lot in the Nam-gu Epung-gu, Daegu, Seoul, to the Defendant: (a) around November 26, 2009; (b) offered a loan of KRW 140,000 and KRW 120,000 for a three-day preferential repayment; and (c) offered a loan of KRW 1,740,000 for a three-day preferential payment to the Defendant in cash; and (d) offered a loan of KRW 40,000 each day to the Defendant at an annual interest rate of KRW 395.0% on the condition that the principal and interest are repaid equally for 65 days; and (d) from that time to May 3, 2012, the Defendant received a loan of KRW 43 times more than 247,500,000 through the above method as stated in the attached Table 2.

B. Around 15:00 on August 24, 2010, the Defendant offered a loan of KRW 160,000 and KRW 40,000 for a loan of KRW 2,00,000 for a passenger car in front of the F apartment G in front of the 107-dong parking lot G and received interest exceeding the statutory limit interest rate by lending KRW 1,80,000 for a cash loan of KRW 40,000 for a total of KRW 40,000 for 64 days each day on condition that the principal and interest shall be repaid equally for 64 days.

C. The debtor H Defendant on April 25, 2012

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