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(영문) 부산지방법원 2013.10.30 2013고정1481
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. A person who intends to run a credit business without registration shall register his/her credit business with the competent administrative agency. However, on October 14, 2010, the Defendant loaned 2,580,000 won (4.20,000 won, such as prior interest, etc., from the principal amount of KRW 3 million) without registration of the credit business on the condition that he/she pays 12,000 won each week to B, and on December 21, 2010, the Defendant loaned 2,580,000 won (4.20,000 won, such as prior interest, etc., from the principal amount of KRW 3,00,000) on the condition that he/she pays 11,00 won each week to C on December 21, 2010.

Accordingly, the Defendant operated credit business without registering it with the competent authorities.

2. If an unregistered credit service provider loans at an interest rate in excess of the interest rate, interest exceeding 30% per annum shall not be received.

Nevertheless, without registering a credit business, the Defendant loaned 2.5 billion won to B on October 14, 2010, and received 3.50.4% interest per annum. On December 21, 2010, the Defendant loaned 2.5 billion won to C and received 290.5% interest per annum.

Accordingly, the Defendant received interest exceeding the limited interest rate as an unregistered credit service provider.

3. Any debt collector who violates the Fair Collection of Claims Act shall not threaten any debtor or his/her related person in connection with debt collection;

Nevertheless, on February 201, 201, the Defendant called the Defendant’s phone called to the Defendant C, and called “I am back to the Defendant that I would live immediately in the same year as the Defendant has paid off the money for the same year.”

Accordingly, the defendant threatened the debtor with respect to debt collection.

Summary of Evidence

1. The defendant's legal statement (the first date);

1. Application of each police protocol of statement C and B to the Act

1. Article 19(1)1, Article 3, Article 19(2)3, and Article 11 of the Act on Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts.

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