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(영문) 인천지방법원 부천지원 2015.02.06 2014고정1399

대부업등의등록및금융이용자보호에관한법률위반등

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Defendant shall be punished by a fine of KRW 1,500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

The defendant is a family heading person.

1. A person who intends to engage in credit business (unregistered credit business) in violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users (unregistered credit business) was registered with the Special Metropolitan City Mayor, Metropolitan City Mayors, or Mayors/Do Governors having jurisdiction over the relevant place of business, but, on August 201, a loan of KRW 10 million was made to the victim C (nive, 40 years old) within a restaurant where the trade name in the air transmission operation in Nowon-gu, Seoul Special Metropolitan City on August 201 cannot be known at the end of 14:00.

The terms and conditions of a loan run unregistered credit business, such as lending 32 million won to four persons including victims C, D, etc. from the time of the loan to May 2014, by receiving KRW 500,000 per month as interest, and making a loan to repay the principal, and making a loan from May 2014.

2. Where an unregistered credit service provider violates the Registration of Credit Business, etc. and Protection of Financial Users Act, provides a loan, the interest rate shall not exceed 30 percent per annum;

Nevertheless, the credit business was operated in excess of the statutory interest rate by providing a loan to the victim C at the same time as the preceding paragraph, with a mutual agreement of 60% per annum.

3. No debt collector who violates the Fair Collection of Claims Act (Prohibition of Violence and Intimidation, etc.) shall commit any act detrimental seriously to his/her private life or peace in his/her business by visiting an obligor or his/her related person at night or at night, or by telephone to arouse fear or apprehension;

Nevertheless, at around 15:00 on June 2012, the Defendant sought the above-mentioned amount on the ground that the victim C was not able to fully pay interest at the subsidized-management shop operated by the victim C at the 15:00 Gyeonggi-si, the Defendant expressed that “F” was “F,” and then intimidation, “I will not give any money for spawn, why is, and why you will not pay any money.”