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(영문) 수원지방법원 안양지원 2017.09.29 2016고합74
강간치상등
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

"2016 Gohap 74"

1. Where a unregistered credit service provider, who violated the Act on the Registration of Loan Business and the Protection of Financial Users, lends a loan, the 30% bill of indictment is written as “25% per annum.” However, as stated in paragraph 1 of the judgment of the Defendant, the limitation on the interest rate under Article 2(1) of the former Interest Limitation Act (amended by Act No. 12227, Jan. 14, 2014); Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014); and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014) is 30% per annum.

shall not receive any interest in excess of such interest.

The Defendant, without registering, loaned the principal of KRW 1 million to C on January 30, 2012, and loaned the remainder of KRW 730,000,000 after deducting KRW 270,000 from the name of prior interest, etc., the Defendant agreed to receive KRW 400,000 per month for four months. The Defendant’s agreement to receive KRW 400,000 per month on February 29, 2012 with the strawld account in the name of the Defendant, and on March 30, 2012, is a clerical error.

On April 26, 2012, including the receipt of 400,000 won and 370,000 won a year exceeding 30% per annum, and the receipt of interest at 490.60% per annum from 30% per annum, etc., were made four loans over four occasions from January 19, 2012 to May 4, 2012 and received interest exceeding the restriction rate.

Accordingly, the Defendant, as a unregistered credit service provider, received interests exceeding the autonomy of the law.

2. On June 18, 2012, the Defendant: (a) stated that at around 03:00 on June 18, 2012, the Defendant extended loans to the Victim F (F, 29 years of age) at a hotel room located in Gangnam-gu Seoul Metropolitan Government (E) with low interest; (b) placed the Victim on the part of the bed; (c) placed the Victim on the bed; (d) placed the Victim on the bed part of the bed; (d) breaking the Victim’s shoulder part on the part of the bed; and (e) sealed the Victim’s resistance; and (e) placed the Victim’s chest on the part of the victim, kid the Victim’s chest was cut off, and her chest was cut off.

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