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(영문) 인천지방법원 부천지원 2017.11.16 2017고정1042
채권의공정한추심에관한법률위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a lending company with the trade name "C building", "D" of 4th 401, and the actual representative of the Information and Communications Network Sales Center E in the same address.

Defendant

B is an employee in charge of telephone counseling and recovery of principal and interest of the lending company.

F is a representative in the name of the above LAE, a person in charge of loan business advertising, and a person in charge of selling information and communications equipment.

After the establishment of the lending company and the information and communication apparatus selling company, the Defendants and F offered to the same office the loan to many and unspecified persons after advertising the "on the same day loan", and then to receive interest at high interest by intimidation at the latest when the repayment date is delayed, or the payment due was made in the same office by using the card merchant name established by them.

1. Defendant A, Defendant B, and F

(a) No credit service provider that violates the Act on the Registration of Loan Business and the Protection of Financial Users shall receive interest exceeding 27.9 percent per annum;

Nevertheless, the Defendants and F conspired with each other on November 15, 2016, and requested to pay the overdue card payment from the victim G (56 years of age, female) on an annual interest rate of 216 percent for the following reasons: (a) the Defendants and F received a request from each other to pay the overdue card payment from each other; (b) the overdue card payment was determined as KRW 3,449,133; and (c) the Defendant and F received a repayment of KRW 4,070,000 as the principal and interest for 30 days and one month after the loan period.

From November 9, 2016 to February 23, 2017, Defendants and F, as indicated in the List of Offenses (1), have been given a maximum of 1,733 percent interest from 93.4 percent to 1,733 percent in lending KRW 23,103,325 in the same way eight times, as shown in the List of Offenses (1).

(b) A credit card merchant in violation of the Act on Specialized Credit Financial Business shall engage in the act of pretending to make a transaction by credit cards without selling goods or providing services;

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