beta
(영문) 서울동부지방법원 2018.12.11 2018고정1009

대부업등의등록및금융이용자보호에관한법률위반등

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Any person who intends to engage in loan business in violation of the Act on the Registration of Loan Business, etc. and Protection of Financial Users shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business;

Nevertheless, from January 20, 2017 to November 8, 2017, the Defendant run a loan business by lending money to E, F, etc. without registering with the competent authorities at the D office operated by the Defendant in Gwangjin-gu Seoul Special Metropolitan City (hereinafter referred to as Seoul Special Metropolitan City Office).

2. The Defendant is the obligee of E in violation of the Fair Debt Collection Practices Act. G is the husband of the above E who is a joint guarantor for the Defendant’s claim with the husband of the above E, and H is the person who works together with I working together with the above E and is in the position of “related person” under Article 2 subparag. 3 of the Fair Debt Collection Practices Act.

No creditor of a claim shall visit an interested person in connection with a debt or cause him/her to deliver words, letters, sound, image, or articles to the interested person, except where he/she seeks to inquire of the debtor's location, contact information, method by which his/her whereabouts can be known, etc. for the debt collection.

Nevertheless, on May 15, 2017, the Defendant, at the above office around May 15, 2017, should seize benefits to H, who is a person in charge of the I’s benefits working for the above G.

Sending the business registration certificate;

(C) by facsimile sent a certificate of fairness in which the content of the obligation of KRW 240,000 for E and G was stated.

Accordingly, the defendant reached the interested party's oral statement in relation to the debt.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Statement made by the police with regard to F;

1. Application of an investigation report (IJ chief call)-related Acts and subordinate statutes;

1. Article 19(1)1 and Article 3(1) of the Act on the Registration of Preliminary Loan Business, etc. for Criminal Facts and the Protection of Financial Users; Article 15(3) of the Fair Debt Collection Practices Act.