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Imprisonment with prison labor for each of the crimes of paragraphs 1 and 2 in the judgment of the defendant, for six months and each of the crimes of paragraph 3 in the judgment of the court below, for ten months.
Reasons
Punishment of the crime
On August 24, 2017, the Defendant was sentenced to one year of suspension of the execution of official duties at the Ulsan District Court on June, 2017, and the judgment became final and conclusive on September 1, 2017.
1. Violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users;
(a) Any person who intends to engage in a loan business shall register with the administrative agency having jurisdiction over the relevant place of business;
On October 2016, the Defendant did not register a loan business, and loaned KRW 5 million to C (one million) to receive KRW 1 million as principal and interest each month, and extended a total of KRW 43 million from around February 2014 to February 2018, the Defendant loaned KRW 43 million, such as the previous list of crimes (1).
Accordingly, the Defendant did not register the loan business and run the loan business.
(b) Where an unregistered credit service provider grants a loan, the interest rate for the loan shall not exceed 25 percent per annum;
Nevertheless, the Defendant provided a loan of KRW 5 million to the above C in the date, time, and place described in the foregoing paragraph (a), and provided a monthly payment of KRW 1,00,000 per month, and received the principal and interest in accordance with the agreement, and thereafter, loaned a total of KRW 43 million over eight times from around February 2014 to February 2018, including the repayment of principal and interest (121% per annum) in accordance with the agreement.
Accordingly, the defendant received interest exceeding the autonomy of the unregistered credit service provider.
2. A person who collects claims in violation of the Fair Debt Collection Practices Act shall not engage in any act that seriously undermines privacy or peace in business by repeatedly or at night, in connection with the collection of claims, by delivering words, letters, sound, images, or other things by telephone or any other means without any justifiable reason to a debtor or his/her related person, in connection with such collection;
Nevertheless, on December 2017, the Defendant called the debt holder C, and paid off the money in Chewing years.
Chewing even if he has failed to repay the money.