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(영문) 부산지방법원 동부지원 2017.08.10 2017고단364

대부업등의등록및금융이용자보호에관한법률위반등

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A defendant shall be punished by imprisonment for not more than ten months.

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

1. Violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users;

(a) Any person who intends to operate a loan business shall register with the Mayor/Do governor having jurisdiction over the relevant place of business;

Nevertheless, on January 2, 2015, the Defendant lent KRW 2,200,000 per week to D employees of entertainment establishments in Busan Shipping Daegu Office Officetel No. 1310,000, and decided to receive a total of KRW 2,200,000 per week from July 26, 2016, and operated a non-registered loan business by lending KRW 918,14,168 in total to 16 persons as shown in the annexed crime list (1) from July 26, 2016.

B. On January 11, 2015, the Defendant lent KRW 5 million to the victim E in the instant officetel, and agreed to receive interest of KRW 84.6% exceeding the statutory interest rate by stipulating the repayment of KRW 5.5 million per week by 5 million per week, and from that time, up to May 8, 2016, the Defendant loaned KRW 652,50,000 in total over 68 times, as shown in the list of crimes in the attached Table (2) from that time until May 8, 2016, and agreed to the amount of interest exceeding the statutory autonomy.

2. No person who has collected claims in violation of the Fair Debt Collection Practices Act shall assault, threaten, arrest or detain the debtor or his/her related person in connection with the collection of claims, or use a deceptive scheme or force against the debtor or his/her related person;

Nevertheless, the Defendant, around November 25, 2015, sent repeatedly text messages from around 15:56 to around 15:56, on the ground that the Victim F would avoid contact without due repayment of the borrowed money. Around November 25, 2015, the Defendant, using the Kakao Stockholm Stockholm service, sent and threatened the victim’s mobile phone with the word “before the spread of the Kakao,” and then sent the word “before the spread of the Kakao,” to the victim’s mobile phone, from that time, until June 15:37, 2016.

3. Any person who violates the Electronic Financial Transactions Act shall use access media, such as cash cards, necessary for electronic financial transactions;