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(영문) 서울북부지방법원 2019.11.26 2019고단3205
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 to 56 shall be confiscated.

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 run a credit business without registration shall file for registration with the competent authority having jurisdiction over the relevant place of business by each place of business;

Nevertheless, on March 15, 2019, the Defendant, in collusion with his name-free employees, lent KRW 500,000 to B at Buddhist areas Seoul (Seoul) around March 15, 2019, and agreed to receive repayment of KRW 500,000 after deducting KRW 20,000 from interest per week, and provided loans to 300,000 won. From June 2018 to July 16, 2019, the Defendant run an unregistered credit business by lending KRW 25,120,00 in total to 23 debtors in the same manner as shown in attached Table 1.

(b) Where an unregistered credit service provider that received interest in excess of the interest rate makes a loan, it shall not receive interest exceeding the statutory interest rate (25% per annum from July 15, 2014 to February 7, 2018, and 24% per annum from February 8, 2018).

Nevertheless, on March 15, 2019, the Defendant, in collusion with his name-free employees, lent KRW 600,000 to B, and received interest exceeding the statutory interest rate of KRW 1,716% from January 5, 2018 to July 16, 2019, including the receipt of the interest at an interest rate of KRW 40,000,000,000, excluding the prior interest of KRW 200,000,000, in excess of the statutory interest rate of KRW 1,716.

2. No debt collector who violates the Fair Collection of Claims Act shall assault, threaten, arrest or detain a debtor or his/her related person in connection with debt collection, or use a deceptive scheme or force against him/her;

Nevertheless, on May 9, 2019, the defendant in collusion with the name-free employees, and on the ground that the victim B did not pay the debt to the victim at the non-permanent area on May 9, 2019.

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