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(영문) 부산지방법원 동부지원 2014.08.27 2014고단942

대부업등의등록및금융이용자보호에관한법률위반등

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Defendants shall be punished by a fine of KRW 5,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

1. Defendant A

(a) A person who intends to engage in credit business in violation of the Registration of Credit Business and Protection of Financial Users Act shall register with the competent Mayor/Do Governor, and shall not collect interest exceeding 30% per annum if a unregistered credit service provider lends a loan to an individual;

Nevertheless, the Defendant, without being registered with the Mayor of Busan Metropolitan City on March 20, 2013, loaned KRW 5 million to E, from Gangseo-gu, Busan Metropolitan City around April 17, 2013, received payment of KRW 600,000,000 from April 17, 2013, and received interest at the annual interest rate of KRW 251% from that time until October 1, 2013. From that time, the Defendant loaned KRW 100,000 to E on a total of 10 occasions, such as the list of crimes in the attached Form (1).

(b) No debt collector who violates the Fair Collection of Claims Act shall assault, threaten, arrest or detain a debtor, or use a deceptive scheme or force against him/her in connection with debt collection;

Nevertheless, around November 2013, the Defendant sent a phone call to the victim E (the age of 27) to “the victim E (the age of 27) to put him in money,” and posted a notice to the victim’s Kakakaoto Ri stating “I am fright, who is frighting, who is frighting, who is frighting, who is frighting, who is frighting, who is frighting, who is frighting, who is frighting, and has frighting to fright.” The Defendant threatened the victim, stating, “I am frighting, who is frighting, even if I am frighting.”

2. A person who intends to engage in Defendant B credit business shall register with the competent Mayor/Do Governor, and if a unregistered credit service provider lends a loan to an individual, he/she shall not receive interest exceeding the interest rate of at least 30% per annum.

Nevertheless, the Defendant did not register with the Mayor of Busan, on April 4, 2013, lent KRW 2 million to A at the Defendant’s residence located in F, 103 Dong 510, Dong 510, and around December 24, 2013 from that time.