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(영문) 인천지방법원 부천지원 2020.05.21 2020고정40

대부업등의등록및금융이용자보호에관한법률위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Any 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 Mayor/Do Governor having jurisdiction over the relevant place of business;

Nevertheless, the Defendant, without registering with the competent authority on December 19, 2015, lent KRW 2.7 million to D from “C” located in Gangseo-gu Seoul Metropolitan Government B, and loaned KRW 1 million to D at the same place on the same day on the 29th day of the same month.

In this respect, the Defendant carried out unregistered credit business.

2. Any debt collector who violates the Fair Collection of Claims Act shall be prohibited from performing the act of seriously impairing privacy or peace in business by repeatedly or at night, calling any words, letters, sound, image, or other things by reaching the debtor or his/her related person, without justifiable grounds, and inducing fear or apprehension;

Nevertheless, on April 4, 2019, the Defendant sent a text message to the victim D, who borrowed the money, such as the foregoing paragraph (1), at an influent place, to “the remittance of the money converted from the night,” from that time until June 23, 2019, and committed an act that seriously undermines the peace of privacy by repeatedly or at night without justifiable grounds causing fears or apprehensions to the debtor at a total of 13 times, as shown in the crime list, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The first police statement concerning D;

1. A specification of transactions, etc.;

1. Application of Acts and subordinate statutes, such as text;

1. Relevant Article of facts constituting an offense, Article 19 (1) 1, and Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 15 (2) 2, and Article 9 subparagraph 3 of the Fair Debt Collection Practices Act (the transmission of text messages related to debt collection), and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;