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(영문) 의정부지방법원 2016.11.17 2016고단2824
대부업의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for a period of ten months and by a fine of five thousand won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users;

(a) Any person who intends to engage in unregistered credit business or loan brokerage business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor

On June 24, 2014, the Defendant loaned KRW 5 million to B, without registering with the competent authority, at a Buddhist area in Jung-gu Seoul, Jung-gu, Seoul, under the conditions that KRW 1,100,000,000,000 shall be deducted, and KRW 3,90,000 shall be paid monthly 4,50,000 for 20 months (116.9%)

In addition, from June 24, 2014 to November 18, 2014, the Defendant loaned the sum of KRW 11,700,000 to the above B three times as shown in Appendix I, such as the above conditions, and carried on unregistered credit business.

(b) No interest shall be collected in excess of the interest rate prescribed by the Interest Limitation Act in a case where any unregistered credit service provider, who has violated the interest rate limitation.

The Defendant, around June 24, 2014, lent a loan of KRW 5 million to B with a prior interest of KRW 1.1 million after deducting KRW 1.1 million from the prior interest for a period of 20 months on the condition that 4.5 million (116.9% per annum) shall be paid each month, on a condition that 3.9 million won (116.9% per annum) shall be paid to B, without registering with the competent authority in an infinite area in Seoul, Jung-gu.

In addition, from June 24, 2014 to November 18, 2014, the Defendant received KRW 4,400,000, an annual interest rate exceeding the statutory interest rate on three occasions, such as the entry in Appendix I, on three occasions.

2. Any debt collector who violates the Fair Collection of Claims Act shall be prohibited from performing the act of seriously impairing privacy or peace in business by repeatedly or at night, calling any words, letters, sound, image, or other things by reaching the debtor or his/her related person, without justifiable grounds, and inducing fear or apprehension;

The defendant may not register his credit business.

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