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(영문) 수원지방법원 성남지원 2012.09.21 2012고정654
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

At around 04:00 on January 17, 2012, the Defendant used the victim C, a debtor, who borrowed money from him/her and did not repay the money. The Defendant assaulted the victim C, a debtor, such as “the victim’s flapsing the bat, flaps, and flapsing the victim’s bat with his/her double hand, and flapsing for about five minutes.”

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Application of the photographic Acts and subordinate statutes;

1. Article 15 (1) of the Act on the Fair Debt Collection Practices and Articles 15 (1) and 9 subparagraph 1 of the same Article concerning facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. Of the facts charged in the instant case, a person who intends to engage in credit business in violation of the Act on the Registration of Credit Business, etc. and the Protection of Financial Users shall register with the competent administrative agency, and even if the interest rate does not exceed, the Defendant lent KRW 5 million to C within the area E in Sung-nam-si, Sungnam-si and received KRW 400,000 for a month interest rate of KRW 14 million for three times between August 201 and August 201, and run credit business without registering with the competent administrative agency, such as receiving the interest rate of KRW 60,000,000 for KRW 1.2 million for a month with interest rate of KRW 1.2 million.

2. The defendant and his defense counsel asserted to the effect that C only lent money to C several times as it is difficult for C to find the defendant and find it difficult, and it is not a credit service provider that runs a business of lending money.

"Credit business" in the main sentence of Article 2 subparagraph 1 of the Act on Registration of Credit Business, etc. and Protection of Finance Users means a person who engages in a business of lending money (including granting money by bill discount, transfer for security, or by any other means similar thereto; hereinafter referred to as "loan"), or who has registered credit business pursuant to Article 3 (hereinafter referred to as "credit service provider").

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