beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. On March 7, 2011, the Defendant violated the Act on Registration of Credit Business, etc. and Protection of Financial Users, registered credit business with the trade name “D” in the C market.
No credit service provider may lend an individual a loan in excess of the interest rate of 39% per annum.
On April 2013, the Defendant loaned KRW 1,00,000 to E in the vicinity of the Nam-gu Incheon, the Defendant paid KRW 1,50,000,000 after deducting KRW 1,50,000 as a prior interest, and received interest at an annual interest rate of KRW 612% on the condition that the principal shall be repaid after one month. On May 2013, the Defendant loaned KRW 1,000 to the above E at the cafeteria near the Gart located in the Nam-gu, Incheon, Incheon, and received interest at an annual interest rate of KRW 5,20% on the condition that the principal shall be repaid after one month.
Accordingly, the Defendant violated the interest rate limitation.
2. Any debt collector who violates the Fair Collection of Claims Act shall not assault, threaten, etc. a debtor in connection with debt collection;
As the Defendant did not pay interest and principal to E even though he lent a loan to E as set forth in the foregoing paragraph (1), at around 00:09 of December 4, 2013, the Defendant sent a text message to E, a debtor, using a Handphone, stating that “any person is so fribly off or fribly fribly fribly fribly fribly fribly fribly fribly fribly bribly fribly bribly brib
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. The application of Acts and subordinate statutes to each investigation report (each loan contract and letter attached thereto);
1. Articles 19 (2) 3 and 8 (1) of the Act on the Registration of Credit Business, etc. and Protection of Financial Users concerning criminal facts, Articles 15 (1), 9 (1) of the Act on the Fair Collection of Claims, respectively, and Article 19 (2) 1 of the same Act;