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(영문) 광주지방법원 2017.11.29 2017고단3825
대부업등의등록및금융이용자보호에관한법률위반등
Text

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

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

Reasons

Punishment of the crime

From April 29, 2015, the Defendant is a person who, from Gwangju-si around April 29, operates a mutual loan business with “D” in subparagraph 201 of the Seo-gu apartment management unit in Gwangju-si.

1. If a credit service provider that violates the Act on the Registration of Loan Business, etc. and the Protection of Financial Users lends a loan to an individual or a small corporation, the interest rate shall not exceed 27.9/100 per annum;

Nevertheless, on August 4, 2015, the Defendant: (a) lent KRW 1.5 million to the F’s house located in Sungsung-gun E, which was requested to demand a loan from F after reporting the advertisement of living information sources; (b) and (c) determined KRW 8.20,000 as due date and interest KRW 3.20,000 until August 12, 2015; (c) determined the interest equivalent to 973/100 exceeding 27.9/100 of the statutory interest rate by receiving reimbursement of KRW 1820,000 from August 12, 2015; and (d) received the payment.

From that time to December 13, 2016, the Defendant loaned money to F via 13 times as indicated in the list of crimes in the attached Table, and determined interest exceeding the statutory interest rate, and received the money.

2. A person who collects claims in violation of the Fair Debt Collection Practices Act shall not engage in any act that seriously undermines privacy or peace in business by visiting an obligor at night without justifiable grounds in connection with debt collection to arouse fear or apprehension;

Nevertheless, on January 2, 2017, the Defendant found in the above F’s residence located in the Southern-gun E around 00:40 on January 2, 2017 for the collection of claims, and opened the entrance, and “F”.

In other words, F was placed in front of the entrance and exit of the F for about one hour.

Accordingly, the defendant visited the debtor at night without any justifiable reason to cause uneasiness, thereby harming privacy.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to the statement made by the police with regard to F;

1. Relevant provisions of the Act concerning facts constituting an offense;

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