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A fine of three million won shall be imposed on a defendant.
If the defendant does not pay the above fine, 50,000 won shall be paid.
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 operate an unregistered credit business shall register with the competent administrative agency having jurisdiction over the place of business;
Nevertheless, without registering a credit business, the Defendant engaged in the credit business, such as lending the sum of KRW 6,135,000 to C three times from July 201 to September 201, 201, and receiving interest.
(b) Where an unregistered credit service provider borrows a loan with interest exceeding the maximum interest rate, the interest shall not be collected exceeding 30 percent per annum, which is the maximum interest rate provided for in the Interest Limitation Act;
Nevertheless, the Defendant received interest exceeding the above maximum interest rate as follows.
(1) Around July 2011, the Defendant lent KRW 1.8 million to C at the E-cafeteria of the operation of the C in Yannam-gu, Chungcheongnam-gu, Seoul, and received 6,000 won interest per day and received 121% interest per annum exceeding the maximum interest rate.
(2) Around August 2011, the Defendant lent KRW 2.7 million to C at the above E-cafeteria, and received interest of KRW 300,000 per annum from 133% per annum exceeding the maximum interest rate.
(3) On September 201, the Defendant lent KRW 270 to C at the above E-cafeteria, and received interest of KRW 300,000 per annum from 81% per annum over the maximum interest rate.
2. The Defendant violated the Fair Collection of Claims Act, as stated in paragraph 1, lent money to C, but failed to receive some of the money, decided to collect C by finding C.
No debt collector shall assault, threaten, arrest or detain a debtor in connection with debt collection, or use a deceptive scheme or force against a debtor.
Nevertheless, around 15:00 on the first 15:0 of March 2012, the Defendant: (a) laid the above C on the Defendant’s passenger car in front of the above E-cafeteria; and (b) found her husband if the Defendant did not repay her debt, and (c) took place with the company where she works.