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(영문) 대구지방법원 2013.09.13 2012고합48

변호사법위반등

Text

Defendant

A and B shall be punished by imprisonment for eight months, and by imprisonment for six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

On April 30, 2010, Defendant A was sentenced to imprisonment with prison labor for six months for violation of the Road Traffic Act at the Seo-gu District Court Branch of the Daegu District Court on April 30, 2010, and the judgment became final and conclusive on July 28, 2010.

Criminal facts

"2012 Gohap48"

1. Defendant B

A. 1) A person who intends to engage in credit business that occupies unregistered credit business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business. The Defendant: (a) from around March 2011 to June 7, 201, to receive 5-10% interest per day from Jungsung-gu nearby Daegu-gu; (b) to receive KRW 200,340,000 per day from G; and (c) to receive KRW 3,00,000 per month from H as interest; and (d) to receive KRW 19,20,000 per day as principal and interest for 65 days; (b) to receive KRW 4,250,000 per day as principal and interest for 10,000 per day; and (c) to grant a loan to a credit service provider that has not received interest exceeding the rate of interest, the Defendant may not receive interest exceeding the rate of 30% per year.

Nevertheless, on April 26, 201, the Defendant agreed to lend 5-10% interest per day to G in the vicinity of the Daegu Suwon-gu as of April 26, 201. On the same day, the Defendant lent 9,000,000 won to G on the same day, and received 10,000,000 won when the interest and principal are added to that day, and received 1.1% interest per day.

around March 23, 2011, the Defendant lent KRW 1,800,000 to H in the vicinity of the Daegu Suwon-gu, and received interest of KRW 2,00,000 per day after adding the principal and interest to H around April 5, 201.

Accordingly, the Defendant received interest exceeding the statutory limit interest rate.

(b) Any debt collector who violates the Fair Collection and Collection of Claims Act shall not severely harm privacy or peace in business by repeatedly or at night the debtor in connection with debt collection without any justifiable grounds by causing fears or apprehensions by reaching the debtor by sending words, letters, sound, image, etc. through visiting the debtor or calling his/her phone, and shall not interfere with the debtor's peace.