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(영문) 창원지방법원 마산지원 2013.05.14 2012고정877
채권의공정한추심에관한법률위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,500,000, and by a fine of KRW 700,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is the family head of the family, the defendant B is the non-permanent, and the defendants are the married couple.

1. A person who intends to engage in credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors, or Special Self-Governing Province Governor, while if an unregistered credit service provider lends a loan, the amount of loan shall not exceed the interest rate (30% per annum) provided for in the Interest Limitation Act;

Nevertheless, around May 4, 2010, the Defendant loaned KRW 500,000 to the victim E (the 62 years of age and women) at the Defendant’s home located in Changwon-si D202, Changwon-si, the Defendant carried on a credit business without registration, such as the victim E, etc., from July 7, 2008 to February 20, 2012, by borrowing KRW 89,000,000,000 in total from July 7, 2008 to February 20, 2012, after setting the repayment period as six months, deducting KRW 50,000,000 from the interest rate of KRW 50,000 per annum 36% to 225.7% per annum.

2. No debt collector 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 March 2012, 2012, at the house of the victim G (58 years of age, 204 206) located in the window of Changwon-si, Changwon-si, around 21:20, the Defendants threatened the victim by informing the victim of the contact address of his child, stating, “I would like to promptly repay the 10.6 million won to the victim, and I would like to talk about the 10.6 million won by threatening the victim to not pay the 10.6 million won of the loan from the Defendant A.”

3. Defendant B (Violation of the Fair Collection of Claims Act);

A. The Defendant is a victim on March 14, 2012, on the same grounds as the preceding two paragraphs, around 18:37.

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