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(영문) 부산지방법원 동부지원 2019.07.17 2019고정132
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A person who intends to engage in credit business in violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users shall register the relevant place of business with the Special Metropolitan City Mayor, Metropolitan City Mayors, or Do Governors having jurisdiction over the relevant place of business, and where unregistered credit service providers run credit business, he/she shall not receive interest exceeding 25 percent per annum (based on the crime in this case at

Nevertheless, the Defendant did not register his/her credit business with the competent authority on October 27, 2017, lent KRW 4.5 million to D at the parking lot of the Busan Southern-gu building C Bank. around November 27, 2017, the Defendant received a total of KRW 5 million from D to C Bank Account (F) in the name of the Defendant’s father, in excess of the annual interest rate of KRW 25%, and received interest rate of KRW 133% per annum. From around that time to December 6, 2017, the Defendant loaned KRW 28.9 million in total to D and G six times in total from November 27, 2017 to December 27, 2017.

In this respect, the Defendant did not register credit business, and did not pay interest to the loan business, and received interest exceeding the limited interest rate of the unregistered credit service provider.

2. No debt collector who violates the Fair Collection of Claims Act shall assault, threaten, arrest or detain a debtor or his/her related person in connection with debt collection, or use a deceptive scheme or force against him/her;

Nevertheless, at around 14:00 on December 15, 2017, the Defendant continued to pay the victim’s debt of KRW 10 million at a restaurant located in Jung-gu, Busan, which is operated by the Victim G, and the Defendant sought the above restaurant for about 40 minutes by leaving the victim in a large amount of interest for about 40 minutes. “I wish to know the husband of the money if he/she has paid the money at any time or at any time. I want to wait until the husband reaches the husband.”

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