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(영문) 대구지방법원 2017.12.14 2017고단4928

대부업등의등록및금융이용자보호에관한법률위반등

Text

Defendants shall be punished by imprisonment for one year and two months.

However, from the date of the conclusion of the judgment, the Defendants are above two years from the date of the judgment.

Reasons

Punishment of the crime

1. Defendant A

(a) A person who intends to engage in loan business without registration shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business by each place of business;

Nevertheless, on September 2, 2013, the Defendant entered into a loan contract with E in Daegu or below, and then transferred 4.80,000 won to the Agricultural Cooperative Account in the name of E (Account NumberF) from around that time to January 12, 2017, the Defendant lent a total of KRW 1,215,458,100 in total over 3,994 times, as shown in the attached Table 1 sheet of crime, and run a loan business without being registered with the Mayor/Do Governor in the manner of receiving reimbursement of KRW 1,654,718,260 in total.

B. The Defendant violated the interest rate limitation: (a) lent KRW 480,000,000 as stated in the foregoing paragraph at the time and place specified in the same paragraph; (b) lent KRW 120,000 per annum by means of repayment based on the principal amount of KRW 840,000 per annum; and (c) received interest of KRW 300.5% per annum from around that time to January 12, 2017; and (d) lent KRW 1,215,458,100 in total over 3,94 as shown in attached Table 1 of the List of Offenses Act from around that time to around January 12, 2017; and (e) received interest in violation of the interest rate limitation by receiving interest of KRW 30.5% per annum by means of repayment of KRW 1,654,718,260 per annum.

(c)

A person who has been in violation of the Fair Debt Collection Practices Act shall not threaten the debtor in connection with debt collection.

Nevertheless, on August 2016, the Defendant sent a mobile phone Kakao Stockholm message stating that “The Defendant was unable to pay the debt from E, the debtor, around Daegu, and around 2016.”

Accordingly, the defendant threatened the debtor with respect to the collection of the claim as the debt collector.

2. Defendant B

(a) A person who intends to engage in loan business without registration shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business by each place of business;

Nevertheless, the defendant and his wife are G (the same date).