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(영문) 춘천지방법원 강릉지원 2016.11.30 2016고단699
대부업등의등록및금융이용자보호에관한법률위반
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A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Where an unregistered credit service provider grants a loan, it shall not collect interest exceeding the interest rate of 30% per annum.

Nevertheless, around July 11, 2014, the Defendant lent KRW 6 million to D at the office of the Dongdong-dong, the Defendant agreed to newly lend the above amount of KRW 12 million and the above amount of KRW 6 million, which is a debt for unpaid payment, to D and to receive interest at 3% per month. From July 16, 2014 to July 18, 2015, the Defendant violated the provision on the restriction of interest rate by receiving payment of KRW 2,373 million, which is a total of KRW 1,296,300,000,000, which is more than KRW 10,433,69,000,000, which is more than KRW 11,730,000,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Grade D of the police interrogation protocol against the defendant

1. Each prosecutor's office and police statement concerning D;

1. Each investigation report (to attach the details of repayment to 12 million won borrowed on July 11, 2014, and to review whether the amount exceeds the interest rate);

1. Determination as to the defendant's assertion of each internal investigation report (a document attached to the specifications of the transaction of purchase and sale of agricultural products, a statement of transaction, and a copy of a loan)

1. Upon D’s request, the Defendant: (a) lent KRW 100 million to D on April 2, 2012 and KRW 100 million on April 5, 2012 to D; (b) agreed to keep the above KRW 100 million in custody; (c) upon D’s request for small amount of money, the Defendant agreed to deliver the requested amount; and (d) lent KRW 100 million in total to D on a long-term basis (hereinafter “instant loan”). Around July 1, 2014, separately from the loans of KRW 100 million, the Defendant loaned KRW 60 million to D on or around July 1, 2014; and (b) agreed to lend KRW 600,000 to D on July 1, 2014 in addition to the loans of KRW 600,000,000,0000 and added the existing loan principal to KRW 310,300,000 (hereinafter “the instant loan”).

On the other hand, D, after the above lending, shall be April 4, 2012.

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