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(영문) 대구지방법원 상주지원 2014.06.24 2013고단594
대부업의등록및금융이용자보호에관한법률위반등
Text

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

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

Reasons

Punishment of the crime

Any person who intends to engage in credit business shall register with the Mayor or Do Governor having jurisdiction over the relevant place of business, and if a unregistered credit service provider lends a loan, the loan may not exceed the interest rate prescribed by statutes.

1. Violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users;

A. From May 201 to October 2012, the Defendant of a unregistered credit business run a credit business against many and unspecified persons, such as lending KRW 850,00 to C without registering with the competent City Mayor at Ansan-si.

B. Around May 24, 2011, the Defendant lent KRW 850,00 to the obligor C in Ansan-si, an amount of KRW 151,00,000 per annum on the condition that 151,000 per month is paid interest. (2) On August 9, 2011, the Defendant borrowed KRW 850,00 to the obligor C in Ansan-si, an amount of KRW 151,00 per annum on the condition that 151,00 per month is paid interest, thereby violating the restriction on the interest rate.

3) Around October 26, 2011, the Defendant lent KRW 420,00 to the obligor C in Ansan-si, and violated the restriction on the interest rate by allowing 228% interest per annum on the condition that 80,000 won should be paid monthly interest. 4) Around December 13, 2011, the Defendant lent KRW 3 million to the obligor C in Ansan-si, and violated the restriction on the interest rate by allowing 140% interest per annum on the condition that 350,000 won per month should be paid to the obligor C.

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 speaking, writing, sound, image, or any other means in connection with debt collection without any justifiable grounds, reaching a debtor or his/her related person, thereby causing fear or apprehension;

Nevertheless, on September 7, 2013, the defendant does not pay the money according to the debtor C's promise in Seodaemun-si around 12:29.

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