대부업등의등록및금융이용자보호에관한법률위반등
Defendant shall be punished by a fine of KRW 1,500,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
1. The Defendant violated the Act on Registration of Credit Business, etc. and Protection of Financial Users is operating credit business with the trade name of “E” after registering it as registration number D from November 25, 2008 in Seocho-gu Seoul Metropolitan Government C Building 402 to November 25, 2008.
Notwithstanding the fact that a credit service provider cannot charge an individual interest exceeding 44% per annum, the Defendant loaned KRW 5,00,000 to F on October 12, 201, and received KRW 500,000 under the name of prior interest, and as F was unable to pay the principal, the Defendant received KRW 10,400,000 as interest from F until June 16, 201, and received interest exceeding 44% per annum.
2. No debt collector who violates the Fair Collection of Claims Act shall express his/her intention to collect claims that does not exist among the debtors' relatives or other interested persons in connection with debt collection;
On March 28, 2011, the Defendant applied for an electronic payment order seeking payment of KRW 4,500,000 against G and expressed his/her intent to collect non-existent claims against the debtor’s related parties by using the computer at F’s Internet site, using the fact that the principal amount of KRW 4,50,000,000 at the time of lending to F, as described in paragraph (1), was transferred to F to F’s Dong G account, even though there is no claim against G, as described in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of Acts and subordinate statutes governing payment orders;
1. Article 19 (2) 3 and Article 8 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (the fact that interest has been paid in excess of the interest rate as a credit service provider), Article 15 (2) 3 and subparagraph 1 of Article 11 of the Fair Debt Collection Practices Act (the fact that the credit service provider has expressed his/her intent to collect debts that have not existed in the persons concerned, and the selection of fines) comprehensively with regard to facts constituting an offense;
1. Article 37 of the Criminal Code among concurrent crimes.