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(영문) 대구지방법원 서부지원 2012.10.25 2012고단668
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 this judgment becomes final and conclusive.

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 operate a credit business without registration shall file for registration of the credit business with the competent authority having jurisdiction over the relevant place of business, by each place of business;

The Defendant, without registering a credit business with the competent authority on July 2009, lent money of 10 million won to D from Daegu-gu, Daegu-gu to the competent authority on July 16, 201, and extended money to other persons on a total of 20 occasions from July 2009 to December 16, 201 as shown in the list of crimes (1).

Accordingly, the defendant operated credit business without being registered with the competent authorities.

(b) No person who actually runs a credit business without registering the fact of excess of the interest rate may receive interest exceeding 30% per annum, which is the interest rate provided by the Presidential Decree.

around April 8, 2011, the Defendant loaned 6 million won to G at the Daegu-gu Office of Radio Frequency to G. Around December 8, 2011, 6 million won was deducted under the name of prior interest, and actually loaned 5,400,000 won and the repayment period was paid to 6 million won for ten days (405.5% per annum). The Defendant was paid interest exceeding the limited interest rate over 20 times in total from July 2009 to December 16, 201, including principal and interest.

2. Violation of the Fair Collection of Claims Act;

(a) No one who transmits text messages shall do any act that seriously undermines privacy or peace in business by repeatedly or at night without justifiable grounds in connection with the collection of claims by sending words, letters, sound, images, or other things to the debtor or his/her related persons, thereby inducing fear or apprehension;

On April 6, 2012, the Defendant borrowed four persons, including G, etc. on April 6, 2012, and received the principal and interest of the money from time to time.

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