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(영문) 대구지방법원 2013.04.10 2013고정96

대부업등의등록및금융이용자보호에관한법률위반등

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Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Any person who intends to engage in a credit business as a business by lending or brokerage of money in violation of the Act on Registration of Credit Business, etc. and Protection of Finance Users shall file for registration with the Mayor/Do Governor having jurisdiction over the place of business;

Nevertheless, the Defendant:

(a) around October 18, 201, in Yeongdeungpo-gu B cafeteria: (a) around October 18, 201, C borrowed KRW 200,000 from KRW 2 million to KRW 2 million as a prior interest fee; and (b) KRW 1.8 million as a condition (interest rate of KRW 133 per annum) on the interest rate of KRW 200,000 in one month until he/she fully pays the principal;

B. From the place under the preceding paragraph on October 18, 201 at the same time, 200, 1.8 million won calculated by subtracting 200,000 won from D as the interest fee in advance and until he/she fully pays the principal, 20,000 won per month (interest rate of 133% per annum);

C. Around November 25, 201, at the place specified in the preceding paragraph, leased KRW 90,000,000, calculated by subtracting KRW 100,000 from KRW 1 million as interest fee in advance from KRW 1 million to KRW 200,000 in one month until the principal is fully repaid (interest rate of KRW 133 per annum);

D. On December 2, 2011, at the place under the preceding paragraph, D, at the place under the same paragraph, was lent KRW 1.8 million to D, under the condition that 200,000,000, which was calculated by subtracting 2 million won from D as the interest fee, shall be paid in full (the interest rate of 133% per annum) during one month until he/she fully pays the principal (the interest rate of 133% per annum).

2. A credit service provider, etc. or a person who actually engages in credit business may not charge any interest exceeding 39/100 of a loan to any individual or small-scale corporation.

Nevertheless, the Defendant loaned at the interest rate same as the above 1. Paragraph, and exceeded the limitation on the interest rate.

3. No collector of a claim in violation of the Fair Debt Collection Practices Act shall assault, threaten, arrest or detain the debtor or his/her related persons in connection with debt collection, or use fraudulent means or force against him/her.