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(영문) 수원지방법원 2015.04.22 2014고정3403
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant, without registering with the competent authority on May 3, 201, lent KRW 1.5 million to E at the D week points located in Suwon-gu, Suwon-si, Suwon-si, from February 28, 201 to February 28, 2014, on condition that a total of KRW 912,800,000 shall be paid 5% interest per month as shown in the attached Table of Crimes List, and during that process, the Defendant was repaid KRW 951,074,00,000 from time to time and received KRW 38,274,00 as interest, but was paid KRW 38,274,00 as interest accrued on April 4, 2014.

2. Around 17:00 on February 23, 2014, the Defendant: (a) collected money in front of the F apartment 233 dong, Suwon-gu, Suwon-gu, Suwon-gu; (b) sought the victim E with a large interest, and (c) committed an unlawful act of collecting claims, such as: (a) saving and sprinking bucks; (b) assaulting the buck at the hand floor to three times; and (c) communicating the bucks with the victim at the hand; and (d) exposing the victim’s phone to the family without having to pay the money. The Defendant made an illegal act of collecting claims, such as threatening the victim into the workplace.

Summary of Evidence

1. Partial statement of the defendant;

1. Some police interrogation protocol of the defendant (the statement that he/she lent money to G, H and I)

1. Statement to E by the police;

1. Details of money transactions, certified copy of notarial deed, and statement of transactions by account;

1. Application of Acts and subordinate statutes to a investigative report (each specification of transactions with G, J, K, and L, among details of transactions accompanied by 155 pages and attached documents);

1. Article 19 (1) 1, Article 3 (1) (the point of a unregistered credit business), Article 19 (2) 3, and Article 11 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, Article 15 (1) and Article 9 subparagraph 1 of the Fair Debt Collection Practices Act (the point of an act of illegally collecting claims), and Article 19 (2) 3, and Article 11 of the same Act, Articles 15 (1) and 9 subparagraph 1 of the same Act

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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