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(영문) 부산지방법원 2015.08.20 2014고정4887
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

A. At around 12:00 on October 30, 201, the Defendant, who is running a unregistered credit business, lent KRW 2.5 million to D without registering with the competent authority at his own house located in Busan Northern-gu, Busan, and thereafter, loaned KRW 16 million in total to D over eight times from around that time to March 27, 2014, as indicated in the list of crimes in the “Attachment”.

B. At around 12:00 on October 30, 201, the Defendant violated the interest rate limitation by the unregistered credit service provider: (a) lent KRW 2.5 million to D at the above location; (b) paid KRW 2.25,00,000 after deducting KRW 2.50,000,000 from the principal under the name of prior interest; (c) received interest rate of KRW 2.55,000 per annum until repayment; and (d) paid to D the interest that violated the statutory interest limitation on loans over a total of eight occasions, such as the written list of crimes in attached Form.

2. On June 21, 2014, the Defendant violated the Fair Collection of Claims Act: (a) made several calls at night from around 07:04 to around 01:58, on the ground that he did not pay interest on the date promised to do so; and (b) caused fears, such as putting a call at night to D, such as “in the amount of money,” referring to as “in the amount of money, this year, or a person who is replaced by fraud,” thereby causing fear of privacy.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A written petition;

1. Copy of a loan certificate, etc.;

1. Application of Acts and subordinate statutes accompanying photographs of details of cell phone reception;

1. Article 19(1)1, and Article 3(1)3 of the Act on Registration of Credit Business, etc. and Protection of Finance Users (amended by Act No. 1345, Jul. 24, 2015; hereinafter the same) regarding criminal facts; Articles 19(2)3 and 11(1) of the former Act on Registration of Credit Business, etc. and Protection of Finance Users; and fair credit of claims.

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