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(영문) 광주지방법원 순천지원 2014.11.04 2014고정511

대부업등의등록및금융이용자보호에관한법률위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Any unregistered credit service provider that violates the Act on Registration of Credit Business, etc. and Protection of Financial Users shall not receive interest exceeding 30/100 per annum in accordance with the Interest Limitation Act;

A. The Defendant: (a) lent KRW 2 million to C in a place where it is not known in August 2011; (b) deducted KRW 200,000 from the interest rate; (c) actually lent KRW 1.8 million; and (d) received repayment of KRW 2.6 million after 65 days, and received interest corresponding to 436.7/100 per annum in excess of 30/100 per annum, which is the interest limit rate.

B. The Defendant loaned KRW 100,00 to C in a place where it is not known at around October, 2011, and actually leased KRW 90,000 after deducting KRW 100,000 from the interest rate. The Defendant received payment of KRW 1.3 million after 65 days, and received interest corresponding to 436.7/100 per annum in excess of 30/100 per annum.

C. On October 27, 2012, the Defendant: (a) lent KRW 2 million to D; (b) deducted 200,000 from the interest rate; and (c) actually lent KRW 1.8 million to D; and (d) received repayment of KRW 2.2 million after three months, and received interest corresponding to 26.7/100 per annum in excess of 30/100 per annum, the interest rate of KRW 2.2 million.

The Defendant, at a place where it is unknown on March 2013, lent KRW 2 million to C, deducted KRW 2,60,000 as prior interest, and received repayment of KRW 2,60,000 after 65 days, and received interest corresponding to 436.7/100 per annum in excess of 30/100 per annum, the interest limit rate.

2. No debt collector who violates the Fair Collection of Claims Act shall engage in any conduct that seriously undermines privacy or peace in business by repeatedly or at night calls in connection with debt collection without any justifiable reason and by causing fear or apprehensions by reaching the debtor or his/her related person;

On March 18, 2013, the defendant does not pay the money that the defendant lent to the victim at the home of the victim D, which is E, around March 18, 2013.

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