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(영문) 수원지방법원 2013.11.27 2012고단5647

사기등

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

[2013 Highest 6097] Crime

1. A person who intends to engage in credit business in violation of the Registration of Credit Business, etc. and Protection of Financial Users Act by Defendant A shall register the relevant place of business with the competent authority having jurisdiction over the relevant place of business, and if an unregistered credit service provider lends a loan, the interest rate shall not exceed 30/100 per annum;

The Defendant, without registering a credit business, lent an amount equivalent to 608,050,000 won to the obligor, as shown in attached Table 1, from around February 201 to November 4, 2011, and received an amount exceeding the limited interest rate under the pretext of interest, commission, etc.

The Defendant received interest exceeding the statutory interest rate without registering a credit business.

2. Defendant A’s violation of the Fair Collection of Claims Act (hereinafter “Fair Collection of Claims”) collects fees (10% of the principal) and interest (9% of the principal) for a period of three months from the date of lending money to N, and the debt collector shall not assault, threaten, arrest or detain the debtor or his related person in connection with debt collection, or use deceptive schemes or force against him/her.

Nevertheless, from September 201 to May 2012, the Defendant threatened the debtor in relation to debt collection as a debt collector, such as “influoring the width in the face of the vehicle, without principal and interest, in fraud” using the N’s cell phone and text messages from September 201 to May 201, using the debtor’s cell phone and text messagess.

3. Around November 4, 2011, Defendant A lent KRW 50 million to P, who is the husband of the O, the husband of the O, and the Defendant offered KRW 1.5 million per month interest and KRW 5 million per 10% fee and remitted KRW 43.5 million.

After March 5, 2012, the Defendant entered into a lease agreement with the head of Suwon-si Q 204, Suwon-si.