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(영문) 광주지방법원 목포지원 2013.08.20 2013고단703
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

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

(a) Any person who intends to engage in credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor who has jurisdiction over

Nevertheless, on November 28, 2009, the Defendant loaned a loan to D with the content of “3 million won of the loan, interest rate of 10% per month, and December 28, 2009 with the due date”, and thereafter, on March 20, 2013 as stated in the indictment on November 21, 2012 from that time.

By up to 169 times in total, as shown in attached Table 1 of Crime List 1, a credit business without registration was operated.

(b) Where an unregistered credit service provider provides a loan, it shall not receive interest in excess of 30 percent per annum;

Nevertheless, on April 25, 2012, the Defendant lent KRW 10 million to D with the payment of KRW 7,420,000,000,000 for the remainder of KRW 7.420,000,000 per day, excluding KRW 2.58,000,000 per day, and continued to receive interest of KRW 4,90,000 per day on September 23, 2012, the Defendant borrowed KRW 1,40,000,000 for the remainder of KRW 1,30,000,000,000 for the payment of KRW 1,48,00 per month as interest and violated the statutory interest rate limit.

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, on August 19, 2012, the Defendant: (a) threatened the victim with a benefit card (or Mine Bank G G) by threatening, “I will not pay D money because I would not pay D money; (b) would not pay D money; (c) would not cause it to go away from D money due to Woman’s house; and (d) would bring about a benefit card (or KRW 500,000,000 on August 20, 201; and (e) the same year.

9. The withdrawal of KRW 5 million from March 201 to March 2013, including the withdrawal of KRW 5.5 million.

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