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(영문) 서울중앙지방법원 2014.01.23 2013고단5774
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who runs a business of lending money at the residence of the defendant in Dongjak-gu Seoul Metropolitan Government.

1. Violation of the Act on Registration of Credit Business and Protection of Financial Users;

A. Although a person who intends to operate an unregistered credit business is registered with the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Special Self-Governing City Mayor, the Do Governor, or the Special Self-Governing Province Governor having jurisdiction over the pertinent place of business, the Defendant, without registering the credit business, and the Defendant, from February 15, 2009 to January 28, 2013 as shown in the separate list of crimes Nos. 1, operated the unregistered credit business on 50 occasions at the above place of residence, etc.

B. Although a credit service provider violating the interest rate limitation cannot lend a loan to an individual more than the interest rate of 30% per annum, the Defendant, at around 15:00 on February 15, 2009, lent the principal amount of KRW 15,000,000,000 calculated by deducting the principal amount of KRW 2,250,000 from the amount of KRW 1,500,000,000,000,000 from the amount of KRW 1,5,000,000,000 per annum 2,250,000,000 per annum each month until the principal is repaid, and received interest of KRW 30,00 per annum 2,14.2% per annum, which is the statutory limit, and received interest rate of KRW 304,00,00 per annum 44 as stated in [Attachment 2,00,000.”

2. No debt collector who violates the Fair Collection of Claims Act shall assault, threaten, arrest or detain a debtor or his/her related person, or commit any act of debt collection using a deceptive scheme or force against him/her;

Nevertheless, the Defendant:

A. On December 26, 2012, at H restaurant located in Jung-gu Seoul Metropolitan Government on December 17, 2012, 17:00, the victim I (hereinafter referred to as the “victim”) expressed the victim’s desire to “Woo, far, farb, farb, farb, farb, farb, farb farb,” on the ground that he did not repay the loan and interest that should be repaid to the Defendant.

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