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(영문) 의정부지방법원 2020.02.12 2019고단3626
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two 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 Registration of Credit Business and Protection of Financial Users Act shall register the relevant place of business with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province Governor, which has jurisdiction over the relevant place of business, and if any unregistered credit service provider

Nevertheless, on December 27, 2016, the Defendant, without registering with the competent authority, lent KRW 5 million to B at a non-permanent place on December 27, 2016, and received interest equivalent to KRW 5,500,000 (interest KRW 500,000), including the principal and interest, from January 24, 2017, exceeding the statutory interest rate, and received interest equivalent to KRW 60,00 per annum. From January 25, 2016 to November 13, 2018, the Defendant loaned KRW 2,215,510,000 in total to five persons as indicated in the attached list of crimes, and received interest exceeding the statutory interest rate by receiving a payment of interest equivalent to KRW 60% per annum.

Accordingly, the Defendant did not register with the competent authorities, but did not run credit business, and received interest exceeding the statutory interest rate.

2. A defendant who violates the Fair Collection of Claims Act is a debt collector as described in paragraph (1), and a debt collector shall not commit any act of violence, intimidation, etc. in connection with debt collection;

Nevertheless, around January 3, 2019, the Defendant: (a) got a victim B who did not fully pay the money that he/she had to find in the victim B’s residence in Yangju-si; and (b) got a victim B who did not fully pay the money; and (c) got a victim B who did not pay the money to him/her, with the sound “whether it is good if he/she is fright at his/her house; and (d) when he/she has paid the money.”

Accordingly, the defendant assaulted the victim in relation to the collection of claims.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A complaint;

1. Investigation report (to hear statements from the complainants) and recording records of the contents of investigation into telephone conversations B;

1.D, E, F, and G:

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