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(영문) 부산지방법원 2017.08.11 2017고단2183
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant

A Imprisonment with prison labor for one year, for six months of imprisonment for Defendant B, for 8 months of imprisonment for Defendant C and for 3,00,000 won of fine.

Reasons

Punishment of the crime

"2017 Highest 2183"

1. Defendant A’s crime;

(a) A person who intends to engage in loan business in violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users shall register the relevant place of business with the Mayor/Do Governor having jurisdiction over the relevant place of business, and the maximum interest rate shall not exceed 25 percent per annum if a unregistered credit service provider grants a loan;

The Defendant, together with D, provided D with education on lending method and credit collection method, and the Defendant, as a person in charge of loan, recruited as a person in charge of loan, to engage in loan business by collecting interest exceeding the autonomy of the court without registration of loan business, by taking the role of preparing loan documents, collecting loan-related documents, and collecting money.

According to the above public offering, the Defendant engaged in the lending business without registering the lending business with D. On January 3, 2017, the Defendant loaned KRW 80,000,000,000,000,000,000,000, which was deducted from 300,000,000,000 in advance under the name of interest, and paid KRW 80,000,000,000,000,000, which was more than 6,257% per annum from around that time to February 24, 2017, and received interest exceeding the legal autonomy by borrowing KRW 65,22,70,00 in total, as shown in the attached list 1 of crimes.

Accordingly, the Defendant conspired with D to conduct a loan business without registration and received interest exceeding the statutory maximum interest rate.

(b) No person who has violated the Act on Collection of Claims shall assault, threaten, arrest or detain an obligor or his/her related persons in connection with the collection of claims, or use a deceptive scheme or force against him/her;

Nevertheless, on March 3, 2017, the Defendant calls for a victim L (n, 24 years of age) who was unable to repay a loan by around March 3, 2017, and “ we are 50,000 won interest per day in arrears.”

M. I have sent money to the corporate bank account in M. M.

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