beta
(영문) 광주지방법원 순천지원 2017.04.19 2016고단1685

특수상해등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 21, 2015, the Defendant was sentenced to a suspended sentence of six months for a violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users in the Gwangju District Court's Netcheon Branch on December 21, 2015. The judgment became final and conclusive on December 23, 2016.

[2016 order 1685]

1. Around 15:00 on February 14, 2013, the Defendant violated the Act on the Fair Collection of Claims and Specific Injury: (a) borrowed money for the number of days of KRW 5 million between the victims G (n, age 47) and the Defendant’s loaned from the “F” tea house operated by the Defendant in Gwangjuyang-si around 15:0 on a fixed date; (b) did not pay back the money for the number of days of the Defendant’s contact; and (c) the Defendant did not receive proper contact; (d) caused the injury of the Defendant’s open shopping division in which the victim’s face could not be identified, depending on the part of the victim’s face.

Accordingly, the defendant assaulted the victim of the debt with respect to the collection of the debt, and at the same time injured the victim.

2. If a credit service provider violated the Act on the Registration of Loan Business, etc. and the Protection of Financial Users makes a loan, it shall not receive the limited interest rate prescribed by Presidential Decree (44% per annum before June 27, 201, and 39% per annum from June 27, 201), and if a credit service provider without registration makes a loan, it shall not receive the interest exceeding 30% per annum, which is the limited interest rate prescribed by Presidential Decree.

Nevertheless, around August 25, 2012, the Defendant entered into a contract with the victim H to lend KRW 5,00,000,000 to him, and received interest exceeding the maximum interest rate of 363% per annum by including the principal and interest amount of KRW 500,000 per five days after lending KRW 500,000,000 with the prior interest, and including the principal and interest amount of KRW 500,00 every five days thereafter, and received more than the maximum interest rate of KRW 6,00 per annum from March 12, 2011 to May 4, 2013.

[2016 Highest 2494]

1. Forging a private document;

A. The Defendant forged a private document under I’s name on September 2, 2015.