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(영문) 대전지방법원 서산지원 2015.01.30 2014고정138
채권의공정한추심에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 2,500,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. A person who intends to run a credit business under Defendant B shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do governor having jurisdiction over the relevant place of business;

In addition, if a unregistered credit service provider lends a loan to an individual, it is not allowed to receive interest exceeding the statutory interest rate under the Interest Limitation Act (30% per annum from June 30, 2007).

Nevertheless, on March 14, 2010, the Defendant, without registering a credit business, lent KRW 100,000 to E as prior interest, and deposited the remainder of KRW 90,000 after deducting KRW 100,000 as prior interest. After 30 days, the Defendant received interest exceeding the statutory interest rate limit by requiring repayment of KRW 1,00,000 as principal and interest. From around that time to June 16, 201, the Defendant was paid interest exceeding the statutory interest rate limit by receiving interest of KRW 270 per annum. In addition, from around that time, the Defendant loaned KRW 3865,00 to F and E by lending KRW 3865,00 in total and received interest exceeding the statutory interest rate.

Accordingly, the Defendant operated unregistered credit business and received interest exceeding the statutory interest rate.

2. A joint debt collector of the Defendants shall not engage in any act that seriously undermines his/her privacy or peace in business by repeatedly or at night, without any justifiable reason, by sending words, letters, sound, or articles by phone calls or by any other means at night to the debtor in connection with debt collection to arouse fear or apprehension;

Nevertheless, the Defendants were able to collect the money that Defendant B loaned to F, and sent words to F’s cellular phone at the same place as that of paragraph (1) around August 26, 201, and let F make a telephone at around 19:16 on the same day by sending words to F’s cell phone at around 17:25 on August 26, 201.

Although the horses are not the same, they shall be fluored, fluored, fluored, fluored, fluorh, fluorh, fluorh, fluorh, fluorh, and cluorh.

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