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(영문) 창원지방법원 밀양지원 2013.08.01 2012고정216

대부업등의등록및금융이용자보호에관한법률위반등

Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 6,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant B is a person who engages in credit business under the trade name of E in Gyeongyang-si, Gyeongyang-si, Gyeongyang-si, and Defendant A is a child of Defendant B.

1. The Defendants’ co-principal credit service provider may not exceed the interest rate (49% per annum until July 20, 2010, and 44% per annum after July 21, 2010) where a loan is made to an individual or a small-scale corporation.

Nevertheless, around September 29, 2009, the Defendants conspired to borrow 4.5% interest rate from debtor F and 2.55% interest rate for one month in the above E office, and extended the above monthly contract and received 300,000 won interest rate for 2.5% interest rate for 14 times a total of 14 times as stated in attached Table 1. Around September 29, 2009, the Defendants received 45.45% interest rate per annum or 150% per annum from debtor as stated in paragraphs 4 through 16 and 18 of the crime sight table.

2. Defendant B’s loan to an individual or a small-scale corporation may not exceed the annual interest rate of 49%.

Nevertheless, on July 2, 2008, the Defendant received KRW 420,000 from debtor G as advance interest and commission fees and lent KRW 3.58,000,000 for one month, and upon renewal of the above contract, the Defendant received interest of KRW 320,000 per month and received interest of KRW 10,000 per annum 49% per annum from debtor as stated in the attached crime list 1 through 3 and 17, and received interest of KRW 107.26% per annum or 144% per annum from debtor.

3. No debt collector of a defendant A shall engage in any conduct that seriously undermines privacy or peace in business by repeatedly or at night (from 9:0 p.m. to 8:0 a.m. the following day) calls, etc., and by delivering words, letters, sound, images, or other things to debtors or interested persons, without any justifiable reason, to arouse fear or apprehension.

Nevertheless, the defendant's cell phone around 23:05 on June 16, 2010.