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(영문) 서울북부지방법원 2013.10.10 2012고정2432

대부업등의등록및금융이용자보호에관한법률위반등

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

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

Reasons

Punishment of the crime

1. Violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users;

A. The Defendant running a non-registered credit business is a person who runs a credit business without registering the credit business to the competent authorities, and operates a real estate consulting company under the trade name F in the 12th Etel 4 of Seongbuk-gu, Sungnam-si.

The Defendant run an unregistered credit business from October 30, 201 to March 25, 201, by providing loans to G, etc. several times at the same place.

B. On October 30, 2010, the Defendant violated the interest rate limitation: (a) loaned KRW 2.64 million from 3 million to 3.6 million to 3.6 million to 10 million to 3.6 million to 2.6 million to 3.6 million to 3.6 million to 3.6 million to 10 million to 3.6 million to 3.65% of the amount of principal and interest payment; (b) on November 9, 2010, the Defendant received 360,000 won to 3.65% of the annual interest rate due to the violation of the restriction on interest rate; and (c) around that time, the Defendant received interest equivalent to 237.5% of the annual interest rate due to the violation of the restriction on interest rate under 3.6% of the amount of principal and interest payment; and (d) from among the method of the crime No. 1 attached to the indictment from around March 25, 2011, “the amount of error” is corrected to 266.2.2.4%”

As described above, G was paid interest in violation of the interest rate limit while lending money to G more than six times in total.

2. No debt collector who violates the Fair Collection of Claims Act shall assault, threaten, arrest or detain debtors, or use a deceptive scheme or force on the debtor in connection with debt collection; and

Nevertheless, on April 1, 2011, the Defendant, at the above I Office of the debtor G, 2-3 times in drinking on the ground that he did not pay the money, and 2-3 times in selling G, etc.