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(영문) 광주지방법원 2016.08.10 2016고단1830 (1)
채권의공정한추심에관한법률위반
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around August 28, 2009, the Defendant violated the Act on the Registration of Loan Business, etc. and the Protection of Financial Users did not register with the competent authority, and around August 28, 2009, lent KRW 2.5% interest per month at the office of “C” located in Gwangju-gu, Nam-gu, and lent KRW 5,00,300 to D, as shown in the list of crimes in attached Table 136 from August 28, 2009 to December 28, 2015.

Accordingly, the Defendant did not register the loan business and run the loan business.

2. No person who has violated the Fair Debt Collection Practices Act shall commit acts of collecting claims by assaulting, threatening, etc. debtors or their related persons or by force, etc. in connection with debt collection;

Nevertheless, on November 2015, the defendant found "F" entertainment points operated by D in Gwangju-gu, Gwangju-gu, about 16:00 on the first day of November 2015, on the ground that the defendant's debt holder did not repay the money borrowed by the above debt holder, and therefore, the defendant cannot have any choice but to receive money to the above debtor.

If sexual traffic is conducted, it shall be prohibited from conducting funeral services by filing a report.

It is expected that money will be collected for every day.

“In the absence of full payment of the money, I expressed an attitude that would hinder the main business.”

Accordingly, the defendant, as a creditor, committed a debt collection act using force on the debtor in relation to the debt collection.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (one time, two times);

1. Each statement made with D (one time, two times);

1. An investigation report (to attach a CD-related transaction statement in the name of the suspect) and the application of the CD-related Acts and subordinate statutes on transactions attached thereto;

1. Relevant Article 19(1)1 and Article 3(1) of the Act on the Protection of Financial Users (including the occupation, combination, etc. of unregistered loan business) for criminal facts, registration of the selective loan business, etc. for punishment, and credit.

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