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(영문) 창원지방법원 통영지원 2014.04.23 2013고단681
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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) cannot receive interest exceeding the rate of 30 per annum where an unregistered credit service provider that has not received interest in excess of the rate is making a loan;

On December 25, 2010, the Defendant: (a) lent KRW 5 million after a month to D; (b) lent KRW 4,500,000,000,000,000, which was calculated by deducting KRW 500,000,000,000 from the prior interest (133% per annum); (c) from the aforementioned date to January 2013, the Defendant violated the limitation on the interest rate by leasing KRW 22,10,000,000 in total 24 times from the above date to January 2013 in the same manner as indicated in attached Table 1 or 2 of the List of Crimes.

(b) Any person who intends to operate a unregistered credit business shall file for registration with the competent authority having jurisdiction over the relevant place of business, for each place of business;

The Defendant, from December 25, 2010 to January 2013, operated a credit business without registering it with the competent authorities in the Dongbaon area.

2. Intrusion upon residence;

A. At around 01:40 on January 1, 2013, the Defendant opened a door and opened a door to the victim’s residence on the ground that the victim’s interest was not paid from time to time to time at the victim’s residence located in 01:40, and infringed upon the victim’s residence, such as entering the door door and leaving the door to “the victim’s interest was not paid.”

B. On March 26, 2013, the Defendant, around 07:50 on March 26, 2013, went into the ward and opened the door without being aware of D’s identity for the purpose of collecting a claim that the victim would not repay money, thereby infringing upon the victim’s residence, such as avoiding disturbance.

C. On March 29, 2013, the Defendant found D’s above residence for the foregoing reasons, and met the victim G on the front day, and followed the victim against the victim’s will.

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