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(영문) 서울중앙지방법원 2017.11.16 2017고단6548
대부업등의등록및금융이용자보호에관한법률위반등
Text

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

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

Reasons

Punishment of the crime

1. Any person who violates the Act on the Registration of Loan Business and the Protection of Financial Users shall register a loan business with the competent authority to run a loan business, and no unregistered credit service provider shall collect interest at an interest rate exceeding 25% per annum if an unregistered credit service provider provides a loan;

Nevertheless, on September 2016, the Defendant did not register a loan business with the competent authorities, and extended a loan of KRW 1.8 million to C, 2.00,000,000,000 from which 10% of the interest rate was deducted by the prior interest, while lending a loan of KRW 2.0,000 to C, Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, for the repayment of the interest of KRW 200,000,000,000,000 per annum exceeding 259.6% per annum, and thereafter, operated a loan business by lending a total of KRW 13.5 million over eight times from that date until November 2016, and received interest exceeding the interest rate of KRW 2.5% per annum.

2. A person who has violated the Fair Debt Collection Practices Act shall not assault the debtor in connection with debt collection;

A. On October 2016, the Defendant, who assaulted the obligor C, found the obligor in front of Geumcheon-gu Seoul, Geumcheon-gu, Seoul at around 20:00, and found the obligor together with his pro-Japanese, and on the ground that the obligor did not fully pay interest of KRW 5 million from the Defendant and does not flee, as described in paragraph 1, E releases the obligor’s luxt so that the obligor does not flee, and during that period, the Defendant took the obligor’s face twice.

B. On November 201, 2016, the Defendant assaulted the obligor F at around 20:0, the third floor of the building in Geumcheon-gu Seoul Metropolitan Government and the Defendant’s office located in 308, and the obligor, like the description in paragraph 1, was unable to fully pay interest on KRW 4.5 million between the Defendant and the Defendant, on the ground that he/she was unable to pay off the obligor’s face and head.

Accordingly, the defendant is jointly or independently liable with E in relation to the collection of claims as above.

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