logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2008.10.28.선고 2008고단4150 판결
대부업의등록및금융이용자보호에관한법률위반
Cases

208 Highest 4150 Violation of the Act on the Registration of Credit Business and the Protection of Financial Users

Defendant

A (81 years old, South) and credit business

Prosecutor

South Maritime Affairs

Defense Counsel

Attorney Lee Jong-soo (Korean)

Imposition of Judgment

October 28, 2008

Text

A defendant shall be punished by imprisonment with prison labor for up to eight months. Four days under confinement prior to the pronouncement of this judgment shall be included in the above sentence.

Reasons

Criminal facts

The defendant is a person employed by the credit business office of each other, ' XX enterprise' registered with the competent authority on March 2, 2007.

1. Violation of statutory interest rate limitation;

On July 3, 2007, the Defendant: (a) lent KRW 2 million to V1 in a passenger car owned by the Defendant, which stopped on the way corresponding to the VV transfer margin in the Jung-gu Busan metropolitan Office; (b) on July 3, 2007, the Defendant borrowed KRW 2 million from the above 2 million to V1; (c) 1.62 days after 1.62 days after deducting KRW 320,000,000 from the above 2 million under the name of a prior interest, 200,000 won under the name of a three-day grace; and (d) the Defendant was paid the principal and interest of 486.9% per year in violation of the statutory interest rate limit, including the principal, for 65 days after 1.62 days after 62 days after 1.

From April 9, 2007 to July 3, 2007, the Defendant extended a total of seven million won on the condition that he/she violates the statutory interest rate limit by the same method six times at the port of Busan through the same method, and received the principal and interest of the agreement.

2. Illegal debt collection;

A. On August 22, 2007, the Defendant found 51 p.m. in the Seo-gu Office of Busan, Seo-gu, Seo-gu, P.m., and asked 51 employees about the location of V1. The Defendant: (a) heard from 51 the horses that the Defendant would deposit money by telephone; and (b) sent the text messages stating that “I will not pay money within the house. I can see that we can find it in the house. I can see that we can find it in the house, and threatened 51 of the above.” Accordingly, the Defendant visited the debtor or his related person without justifiable cause in collecting the claim.

나. 피고인은 2007. 8. 25. 17:45경 부산 중구 부평동2가 'QQ커피숍'에서 위 V1의 사채를 갚아주기 위해 V1과 함께 온 피해자 C로부터 반말을 듣게 되자, "야이 개새끼야 치아뿌라. 집에 연락해서 받을란다"라고 욕을 하면서 탁자 위에 있던 컵의물을 C의 얼굴에 끼얹었다. 피고인과 함께 있던 D는 피고인에게 대항하려는 C에게 "앉아서 좋게 하라"라고 말하며 양손으로 C의 몸을 잡아끌어 의자에 앉혔다.

The Defendant, once again, expressed C’s desire to “a bit of bitch bitch bitch bitch bitch,” and, as a matter of course, expressed C’s face more than 4 to 5 times by drinking. Accordingly, the Defendant used assault in collecting a claim under a loan agreement with D, along with D.

Summary of Evidence

omitted.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 19(1)4, 10(1)1, 19(2)2, 3, and 8(1), and 10(1)4 of the former Act on Registration of Credit Business and Protection of Financial Users (Act No. 7523), Article 19(1)4 of the Act on Registration of Credit Business and Protection of Financial Users (hereinafter “former Act”).

2. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

3. Inclusion of days of pre-trial detention;

Article 57 of the Criminal Act

Judges

Applicable Mutatis Mutandis to judge gambling

arrow