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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. 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 his/her business office with the administrative agency having jurisdiction over the relevant business office, and if a unregistered credit service provider grants a loan, he/she shall not receive interest in excess of the interest rate (25% per annum from July 15, 2014 to February 7, 2018 and 24% per annum from February 8, 2018) set forth in the Interest Limitation Act.
Nevertheless, the Defendant, without registering credit business, lent KRW 3,00,000 to B on November 22, 2017, paid 5% interest rate (120% per annum) for every 15 days, and had the principal repaid after three months.
In addition, the Defendant extended a total of KRW 913,300,000 to B, C, etc. over 305 times as shown in the Schedule of Crimes (1) by June 1, 2019, and operated unregistered credit business, and received interest exceeding the highest interest rate prescribed in the Interest Limitation Act.
2. The Defendant who violated the Act on the Fair Collection of Claims refers to B, etc. from around 2018.
The creditor is a creditor who has lent money in several times, such as paragraph (1).
No debt collector 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 March 4, 2019, the Defendant: (a) took a bath to “Chewing years, knife, garbage, the same year, and knife” on the ground that the victim B did not repay the money in Busan-gu, Busan-gu; and (b) assaulted twice the victim B’s head on two occasions.
In addition, the Defendant assaulted and threatened the victim B, etc. on the ground that he/she did not repay the money as set forth in the attached list of crimes (2) Nos. 21 through 25, 33 through 35, 40, 45, 48, and 52.
(b) A debt collector shall use words, letters, sound, image, or articles by telephone repeatedly or at night without justifiable grounds in connection with debt collection.