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(영문) 서울중앙지방법원 2016.05.19 2015고정2029
대부업등의등록및금융이용자보호에관한법률위반등
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

The Defendant is a person who operates a lending company with the trade name "D" in Gangnam-gu Seoul Metropolitan Government CB02.

Where a credit service provider grants an individual loan, the interest rate shall not exceed 34.9/100 per annum as prescribed by Presidential Decree.

"2015 High 2029"

1. On July 29, 2014, the Defendant: (a) borrowed 2 million won from the Gangnam-gu Seoul E 101 to F around July 29, 201; (b) borrowed 60,000 won a fee; and (c) loaned 274.7% per annum as of 59 times per day on condition that 40,000 won shall be repaid on 60 occasions; and (d) received interest exceeding the interest rate.

2. On August 22, 2014, the Defendant loaned 3 million won per day to F at a coffee shop where the name of the Gangnam-gu Seoul East-gu Station is unknown and paid interest exceeding the interest rate by lending 60,000 won per annum 60,000 won per day on 60 occasions, on condition that 60,000 won per day was repaid.

"2015 High Doz. 2030"

3. On August 8, 2014, the Defendant loaned KRW 3 million to G, which borrowed monthly rent expenses, around 18 days, and paid KRW 2.58 million after deducting KRW 4.2 million as the interest rate, and received additional interest of KRW 10,000 per day for the said 18-day day, and violated the provision on the restriction of interest rates by applying the interest rate of KRW 472 per annum exceeding 34.8% per annum, which is the initial agreed interest rate.

4. On August 29, 2014, the Defendant loaned KRW 3 million to the above G for 18-day, and paid KRW 2.58,000 after deducting KRW 420,000 from the interest rate, and received additional interest of KRW 10,000 per day for the 18-day day, and violated the provision on the restriction of interest rates by applying the interest rate of KRW 472 per annum exceeding 34.8% per annum, the initial agreed interest rate.

5. On October 2, 2014, the Defendant loaned KRW 8 million to the above G on a 60-day basis to the said G, and paid KRW 6.4 million after deducting KRW 1.6 million as the interest rate, and applied the interest rate of KRW 152% per annum exceeding 34.8% per annum, which is the initial agreed interest rate.

Summary of Evidence

"2015 High 2029"

1. The defendant;

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