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(영문) 대전지방법원 천안지원 2015.09.07 2015고정95

대부업등의등록및금융이용자보호에관한법률위반등

Text

Defendant shall be punished by a fine of KRW 25,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, from around August 22, 201 to May 14, 2013, at a lending company run by D, was in charge of the distribution of name cards, cash loans, and collection of money from around May 15, 201, offered offices from around May 15, 2013, and directly provided F, G, H, and I with employment of F, H, and I. On July 15, 2013, the Defendant registered a lending company with “J (registration number K)”.

1. No debt collector who violates the Fair Debt Collection Practices Act shall engage in any conduct that seriously undermines privacy or peace in business by visiting any debtor or his/her related person at night without justifiable grounds to arouse fear or apprehension;

Nevertheless, at around May 2, 2013, the Defendant was paid KRW 5 million by visiting the “Yan-gu, Dongan-gu N incheon-gu, Incheon-gu, where M’s residence is located and causing apprehensions by leaving the phone to the obligor L, and “L is aware of the fact that L does not have to pay its money,” and “L does not have to pay its money,” and “L does not have to pay its money,” and at least 22:00 on the same day, the Defendant was paid KRW 5 million due to having visited the obligor L’s son’s home.

Accordingly, the defendant found L's children M at night without any justifiable reason and caused apprehensions, thereby seriously impairing privacy and collecting claims.

2. In cases where a credit service provider, which was unregistered, violates the Act on Registration of Credit Business, etc. and Protection of Finance Users (in excess of interest rates), lends a loan, the credit service provider shall comply with the interest rate limitation under the Interest Limitation Act (amended by the former Interest Limitation Act and Act No. 1227, Jan. 14, 2014); and the interest rate is 30/100 of the annual interest rate.

Nevertheless, from August 22, 201 to May 14, 2013, the Defendant conspired with D, other employees, O, P, Q in sequence in accordance with D’s instructions, and 91 employees, such as debtor R, etc., as indicated in attached crime sight table (1-122).