대부업등의등록및금융이용자보호에관한법률위반등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. A person who intends to run a loan business or loan brokerage business in violation of the Act on the Registration of Loan Business, etc. and Protection of Financial Users shall register with the competent administrative agency, and where an unregistered credit service provider grants a loan to an individual, the interest rate shall not exceed 30/100 per annum;
Nevertheless, the Defendant, without registering with the competent authority on August 6, 2014, lent the principal of KRW 1,00,000 to D at the Hano Samsung Motor C’s agency located in Yangju-si B, and lent KRW 8,50,000,000 after deducting only 15/10 of the principal under the pretext of advance interest, and received interest equivalent to KRW 1,00,000 from around 37 times to September 2, 2015 on a total amount of KRW 58,745,00,00 from around 782% per annum to receive interest equivalent to KRW 4,266% of the principal under the pretext of advance interest, and did not register with the competent authority and did not engage in the lending business in violation of the restriction on the rate of interest.
2. A person who collects claims in violation of the Fair Debt Collection Practices Act shall not assault, threaten, arrest, or detain an obligor or his/her related person in connection with the collection of claims, or use a deceptive scheme or force against him/her, or shall not engage in any conduct that seriously undermines privacy or peace in business by repeatedly or at night, calling on a debtor or his/her related person, or by reaching an obligor or related person, such as speaking, writing, sound, image, or things, without justifiable grounds;
In addition to the loans specified in paragraph (1) above, the Defendant loaned approximately KRW 60 million to the victim D (tax 42). When the victim was unable to repay the principal and interest of the above loan to the Defendant, the Defendant filed an application for personal rehabilitation with the District Court around September 21, 2015, and the Defendant made the loan from the victim.