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(영문) 광주지방법원 2013.04.12 2012고정2474

상해등

Text

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 Finance Users;

(a) Any person who intends to engage in credit business shall register his/her credit business with the competent authority of the relevant office, and the interest rate shall not exceed 30 percent per annum when any unregistered credit service provider provides a loan;

Nevertheless, the Defendant, without registering with the competent authority on July 29, 2010, lent KRW 1 million to D at the hospitalization room of the Gwangju North-gu Seoul Northern District Hospital on July 29, 201, and received a total of KRW 800,000 per annum from September 10, 201 to March 25, 201.

Accordingly, the Defendant violated the interest rate limitation and operated credit business as above without registering the credit business.

B. Around 19:00 on March 30, 201, the Defendant lent KRW 1,00,000 to the said D at a mutually unclaimed restaurant located in the Dong-gu Seoul Special Metropolitan City, and received interest of KRW 1,20,000 per annum from April 201 to July 201, 201 by receiving a total of KRW 40,000 per annum from the end of April 201 to the end of July 201.

Accordingly, the Defendant violated the interest rate limitation and operated credit business as above without registering the credit business.

2. 채권의 공정한 추심에 관한 법률위반 및 상해 피고인은 2011. 8. 12. 18:00경 광주 동구 E다방' 앞 도로에서 피해자 D(여, 53세)이 위와 같이 빌려간 200만 원을 갚지 않는다는 이유로 양손으로 피해자의 머리카락을 잡아 밀치고 손으로 얼굴 부위를 수회 때리고 주먹으로 등 부위를 수회 때리고 발로 허벅지 부위를 수회 걷어찼다.

As a result, the defendant suffered bodily injury, such as two-time medical treatment for about two weeks, and at the same time abused the victim who is the debtor and committed the act of collecting claims.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A written diagnosis of injury;

1. The details of transactions in post offices passbooks, copies of transactions of postal savings, and the calculation of general interest rates other than the number of days;

1. Each investigation report shall be the sequence of evidence list;