beta
(영문) 서울중앙지방법원 2021.03.11 2021고단49

대부업등의등록및금융이용자보호에관한법률위반등

Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 19, 2017, the Defendant obtained a license for the loan business from the head of Seongdong-gu and advertised text messages, and runs a loan business against the obligor who reported and contacted the relevant advertisement.

1. No credit service provider that violates the Act on the Registration of Loan Business, etc. and the Protection of Financial Users shall collect interest from a debt holder in excess of the interest rate of 24% per annum on a voluntary basis;

Nevertheless, on October 2, 2018, the Defendant agreed to borrow KRW 300,000 to B at a non-permanent place, and agreed to receive KRW 500,000,000,000 for the principal and interest after seven days, and received annual interest equivalent to KRW 3,467,000 in total on September of the same month by receiving KRW 50,000,000 from around KRW 9,000, and from that time, received interest exceeding 24% per annum from all five debtors, as indicated in the list of crimes in the attached Table, from March 11, 2020.

2. No person who has violated the Fair Debt Collection Practices Act shall assault or threaten a debtor in connection with debt collection;

Nevertheless, on March 9, 2020, the Defendant, while running a loan business as described in paragraph 1, lent KRW 3 million to the victim C by deposit without passbook from the south-gu Seoul Special Metropolitan City, Seoul Seoul Special Metropolitan City, to the Seoul Special Metropolitan City branch office 1794 and KRW 3 million,000,000,000, including principal and interest, until the 13th of the same month, and urged to repay 6.6 million, including principal and interest, to collect the above claim against the victim who failed to make a change, while continuing to operate a vehicle operated by the Defendant in the Seoul Special Metropolitan City, Gwangjin-gu D and its neighboring area by stating, “I will remove the bed area where I would pay the money without paying the money,” and on the same day, 16:00, 200,000,000,000,000,000,00,000,00,00.