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(영문) 부산지방법원 2018.09.28 2018고단2739
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for one year.

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

[2018 Highest 2739]

1. Any person who intends to engage in loan business in violation of the Act on the Registration of Loan Business, etc. and 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 shall not pay or receive interest exceeding self-regulation

Nevertheless, on November 28, 2016, the Defendant, without registering a loan business, lent KRW 2 million to the obligor B at the French site below Busan around November 28, 2016, and paid KRW 1.8 million interest rate of KRW 2 million to the obligor B, and paid KRW 2 million interest rate of KRW 2,000,000 per annum 182.5% interest rate per annum exceeding the autonomy under the condition that payment of interest rate of KRW 10% per 20 days is made, and from around that time to August 11, 2017, the Defendant loaned KRW 3,984,00 in total over 27 times, such as the daily list of crimes (1) in the attached Form.

Accordingly, the defendant did not register the lending business, and the court received interest exceeding the autonomy.

2. No person who has collected claims in violation of the Fair Debt Collection Practices Act shall threaten the debtor in connection with the collection of claims.

Nevertheless, at around 14:00 on August 10, 2017, the Defendant threatened the victim at least nine times in total, on the ground that the victim B did not repay the loan to the obligation described in paragraph 1, as the obligor described in paragraph 1, for the reason that the victim B did not repay the loan. The Defendant threatened the victim at least nine times in total from around that time to September 13, 2017, including by sending and threatening the text message to the Defendant.

[2018 Highest 3325]

1. Where a credit service provider registered in violation of the Act on the Registration of Loan Business, etc. and Protection of Financial Users lends a loan, the court shall not collect interest exceeding its autonomy;

Nevertheless, on June 23, 2017, the Defendant loaned KRW 3 million to the obligor C, while paying KRW 3 million to the obligor C a limit of KRW 2.7 million with interest, and KRW 3 million with KRW 2.7 million after 20 days.

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