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(영문) 수원지방법원 안양지원 2019.01.23 2019고단2

채권의공정한추심에관한법률위반등

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[Defendant A] The defendant shall be punished by imprisonment for one year.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendants are persons who operate credit business under the trade name of “C,” and Defendant B is those who were sentenced to the suspension of the execution of imprisonment for six months with prison labor for obstruction of performance of official duties, etc. from the Gyeyang Branch of the Suwon District Court on November 2, 2018, and the judgment on November 10, 2018 becomes final and conclusive.

1. Where a credit service provider that violates the Registration of Credit Business and Protection of Financial Users Act lends a loan to an individual or a small corporation defined in Article 2 (2) of the Framework Act on Small and Medium Enterprises, the interest rate shall not exceed 24/100 per annum;

A. On August 24, 2018, the Defendants conspired to lend 1.8 million won per annum to E at the residential area E (n, 30 years of age) located in the Ma (n, 30 years of age) located in the Manan-gu, Manan-gu, Manan-gu, Mayang-gu, with a condition that 463.6% per annum be repaid for 60 days per annum (363.6% per annum).

B. On September 2018, the Defendants conspired to lend 1.8 million won to E on a daily basis (363.66/100 per annum) at a rate of 40,000 won, deducting 200,000 won from the dwelling place of D located in Ma-gu, Ma-gu, Ma-gu, Ma-gu, Ma-gu, Ma-dong, for a period of 60,000 won (363.6/100 per annum).

C. On October 2, 2018, the Defendants conspired to lend KRW 800,000,000,000,000,000,000,000 per day after deducting the aggregate of interest and commission from E’s residence located in the Ma, Ma-gu, Ma-gu, Ma-gu, Ma-dong, to E, respectively, for a period of 20,000 won per annum (525.41/10 per annum).

On October 23, 2018, the Defendants conspired to lend KRW 800,000,000,000,000,000,000 to E in the “G” coffee shop located in the “G” market in the Manan-gu, Manan-gu, Mayang-gu, Mayang-gu, to E, respectively, for 20 days each day (525.41/100 per annum of interest rate) and exceeded 24/100 per annum.

2. Any debt collector who violates the Fair Collection of Claims A Act shall be a debtor in connection with debt collection; and