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(영문) 부산지방법원 2013.05.22 2013고정1647

대부업등의등록및금융이용자보호에관한법률위반

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Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 22, 2012, the Defendant was sentenced to imprisonment with prison labor for one year for violating the Fair Debt Collection Practices Act in the Busan District Court's Dong Branch Branch, etc. on November 22, 2012, and the judgment was finalized on November 30, 2012.

1. No one, other than credit service providers, credit service providers, or credit financial institutions, may place an advertisement for credit business;

Nevertheless, at around 18:30 on September 15, 2012, the Defendant advertised on credit business without registering credit business in front of the “C” located in the Dong-gu Busan Metropolitan City, and without registering the credit business in front of the “C” in the Dong-gu, Busan Metropolitan City, the Defendant advertised on credit business in a way that it spreads the advertisement site on the way of “gent value of excreta, days of day, and 200 won.”

2. Any person who intends to engage in credit business without registration shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor or Special Self-Governing Province Governor who has jurisdiction over the relevant place of business.

Nevertheless, around May 23, 2012, the Defendant loaned KRW 5 million to F in 60,000 on the condition that F shall pay 100,000 won each day without registering credit business at the National Bank of the second floor E in Busan-gu, Busan-gu, Busan-do, and performed unregistered credit business as shown in the list of crimes in the attached list of crimes.

3. Where an unregistered credit service provider lends a loan exceeding the interest rate, the annual interest rate shall not exceed 30 percent.

Nevertheless, the Defendant loaned money to F at the interest rate of 225.6% per annum, as described in paragraph (2), at the date and place described in paragraph (2), and received interest exceeding 30% per annum while making a loan as described in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F G, H and I;

1. Each investigation report (affixing an invoice of interest rate, an advertisement slip, or an application for loans);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (written judgment and report accompanied by a summary order);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;