beta
Text
A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
"2015 Highest 3765"
1. Violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users;
(a) A person who intends to run a loan business or a loan brokerage business without registration shall register the relevant place of business with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province branch office having jurisdiction over the relevant place of business;
그럼에도 불구하고 피고인은 서울 특별시장에게 대부 업 등록을 하지 않고, 2012. 8. 6. 서울 특별시 강동구 C에 있는 피고인의 사무실에서 D에게 2012. 8. 6.부터 100일 동안 매일 22만 원씩 합계 2,200만 원을 변제하는 조건으로 1,700만 원을 대여하기로 약정하고, 2012. 8. 6. 1,200만 원, 2012. 8. 10. 300만 원, 2012. 8. 14. 200만 원 등 합계 1,700만 원을 D의 처남 댁 E 명의 농협계좌로 송금하였다.
In addition, from around that time to January 25, 2013, the Defendant loaned a total of KRW 35.7 million to D four times, such as the statement in the list of crimes 1.
Accordingly, the Defendant did not register the lending business.
(b)in the event that an unregistered loan business is run with interest in excess of the interest rate, interest cannot be charged exceeding the interest rate of 30% per annum as provided for in the Interest Limitation Act;
Nevertheless, on October 5, 2012, the Defendant loaned KRW 5,500,00 to D at the above Defendant’s office, and received payment of KRW 6 million from D on October 12, 2012 and received interest of KRW 474 per annum exceeding 30% per annum, which is the restricted interest rate.
(2) On December 31, 2012, the Defendant’s office lent KRW 3.7 million to D, and the Defendant’s office received repayment of KRW 4 million from D around January 10, 2013 and received interest at the rate of KRW 295.9% per annum exceeding 30% per annum, which is the restricted interest rate.
2. Any person who collects claims in violation of the Fair Debt Collection Practices Act shall cause fear or apprehensions by repeatedly or at night visiting an obligor or his/her related person without justifiable grounds in connection with the collection of claims.