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(영문) 대구지방법원 서부지원 2013.06.19 2013고정185

대부업의등록및금융이용자보호에관한법률위반등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant in violation of the Registration of Credit Business, etc. and Protection of Financial Users Act is a credit service provider that registered credit business from April 2003 to the Seocho-gu Office with the trade name of “B” and engages in credit business.

No credit service provider may collect interest exceeding the restricted interest rate set forth in the Presidential Decree from individuals.

Nevertheless, around March 30, 2005, the Defendant lent KRW 1 million to D with interest rate of KRW 100,000,000 on every ten days (3.60% per annum) from D’s house located in Suwon-gu, Daegu-gu, as the condition that the principal shall be deposited in 100,000 won per ten days (3.60% per annum). On April 4, 2005, the Defendant borrowed KRW 1 million to D with interest rate of KRW 100,000 per ten days (3.6% per annum) on the condition that the principal shall be deposited in the neighboring park of the Seo-gu, Seo-gu, Seoul-gu, Seoul-gu, and the Defendant received interest rate of KRW 12,756,200 from June 19, 2012.

Accordingly, the Defendant received interest exceeding the limited interest rate of the credit service provider.

2. No person who violates the Fair Collection of Claims Act shall commit any act detrimental seriously to privacy or peace in business by causing fear or apprehensions by reaching the debtor or his related person at night or repeatedly in connection with debt collection without any justifiable reason;

Nevertheless, at around 09:59 on June 18, 2012, the Defendant: (a) stated that “I will find DC, I will know about the interest of DC, I will come to the front house; and (b) on the 21st day of the same month, “I will find DC, I will come to the front house; (c) I will promptly deposit I will do so; and (d) I will pay DC, I will pay interest; (d) I will do so; (d) I will do so; and (d) I will do so on the 21st day of the same month; and (d) I will do so from around 22th day of the same month to around 09:38 of the same month; and (d) “I will write off DC, I will deposit address, I will enter the front house”; and (d) I will do so from around 20:33rd day of the same day.”