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(영문) 의정부지방법원 2015.06.09 2015고단437

대부업등의등록및금융이용자보호에관한법률위반등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the 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 shall register with the competent administrative agency, and if an unregistered credit service provider lends a loan, the interest rate shall not exceed the interest rate of 25 percent per annum;

Nevertheless, the Defendant, without registering a credit business to the competent authority on September 30, 2014, lent KRW 5,000,000 in cash to D from 108,000 per day from 10,000,000 to 75 days each day without registering the credit business (interest rate: 291.7% per annum) and received KRW 1,50,000 as the principal and interest under the pretext of the principal and interest.

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 justifiable grounds or by reaching the debtor his/her words, letters, sound, image, or other things by bringing about fear or apprehension;

On October 19, 2014, the Defendant sent a text message, “in the event that the payment of the principal and interest is made,” with D’s cell phone, and then sent it from that time to November 6, 2014, the Defendant’s act of seriously undermining the obligor’s privacy or peace in business by repeatedly demanding the repayment of obligations through 33 times in total as shown in the attached crime list, from that time, and transmitting text messages creating fear or apprehensions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Stockholm language photograph Act;

1. Article 19 (1) 1 and Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, Article 19 (2) 3 of the Act on Registration of Credit Business, etc. and Protection of Finance Users.