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(영문) 대구지방법원 포항지원 2013.08.13 2012고단1362

대부업등의등록및금융이용자보호에관한법률위반등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who intends to engage in a credit business in violation of the Registration of Credit Business and Protection of Financial Users Act shall register with the competent authorities, and if an unregistered credit service provider lends a loan, the interest rate shall not exceed 30 percent per annum;

On May 14, 2008, the Defendant loaned KRW 1,960,000,000, deducting KRW 40,000 from the Diplomatic Office for Defendant’s Operation of the Defendant located in Yong-gu, Nam-gu, Seoul, without registering with the competent authority, to E, and received interest from KRW 2,00,000,000 from May 15, 2008 at the interest rate of KRW 733% per annum.

In addition, the Defendant did not register his credit business with the competent authority as described in the attached list of crimes, and received interest exceeding the limited interest rate as described in paragraphs (1) through (3) and (8) of the attached list of crimes.

2. Any debt collector who violates the Fair Collection of Claims Act shall be prohibited from assaulting the debtor in connection with the collection of claims; and

피고인은 2010. 12.경 포항시 북구 두호동 1053-2 소재 제일은행 앞에서, 채무자 F(여, 46세)가 채무를 변제하지 않는다는 이유로 “씨발년아, 사기꾼 같은 년아, 돈은 어떻게 할래” 등의 욕설을 하며 손으로 F의 머리채를 잡아 흔들고, 가슴팍을 밀어 넘어뜨리고, F를 피고인의 차량에 승차시킨 후 “애새끼들 앞에서 단판을 짓자, 집으로 가자”고 말하며 손으로 F의 머리채를 잡아 흔들어 폭행하였다.

3. On March 24, 2011, the Defendant violated the Attorney-at-Law Act: (a) was investigated as a criminal suspect in the Daegu District Prosecutors’ Branch Office No. 2011-type No. 6479 within the Lone Star-dong 2 Dong-dong 2, Northern-dong 2, Dong-dong 201; and (b) was provided with money and valuables under the pretext of soliciting or arranging the case or affairs handled by the public official after receiving KRW 5 million in favor of the person in charge of criminal investigation.

(i) the evidence;