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(영문) 춘천지방법원 원주지원 2012.11.09 2012고정417

대부업등의등록및금융이용자보호에관한법률위반등

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Any person who intends to engage in credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor or Special Self-Governing Province Governor who has jurisdiction over each place of

Nevertheless, on June 1, 2007, the Defendant, without registering, lent KRW 1 million to D at the home of the Defendant located in C at the original city, and lent KRW 950,000,000 after deducting KRW 50,000,000 as interest, and 5% of the amount for KRW 1,000,000 for every 10 days, from January 6, 2010 to January 6, 2010, engaged in credit business over 32 occasions, such as the list of crimes in attached Table (1).

2. Where unregistered credit service providers lend a loan, they may not collect interest exceeding the interest rate prescribed by Acts and subordinate statutes;

Nevertheless, the Defendant loaned KRW 3 million on January 28, 2008, and lent KRW 2.85 million after deducting KRW 150,000 as the interest, and received interest of KRW 550,000 per ten days by 182.5% per annum, and received interest of KRW 182.5% per annum. From that time, the Defendant received interest exceeding the statutory interest rate on 23 occasions by January 6, 2010 as shown in the annexed List of Crimes (2).

3. No collector of claims shall engage in any conduct that seriously undermines privacy or peace in business by visiting any debtor or his/her related person repeatedly or at night (from 9:00 p.m. to 8:0 a.m. on the following day) without justifiable grounds, or forcing any debtor or his/her related person to prepare the repayment fund by borrowing money or in any other similar way, in connection with debt collection.

Nevertheless, the Defendant forced D to prepare repayment funds to D around March 2009. Around April 2010, the Defendant forced D to set up a collateral security right on the Fanju-si 234.1m2 owned by Russter E. Around April 201, the Defendant forced D to set up a collateral security right on four occasions between July 201 and August 201.