logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.01.17 2016고단8873 (1)
폭력행위등처벌에관한법률위반(공동감금)등
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

(a) Any person who violates the Act on the Registration of Loan Business and the Protection of Financial Users shall register a loan business or loan brokerage business with a branch office of the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province having jurisdiction over the relevant place of business, and if a unregistered credit service provider lends a loan, he/she shall not receive interest exceeding the interest rate of 25% per annum;

Nevertheless, on November 2, 2016, the Defendant did not register the loan business with B, and at D Hotel E located in Jung-gu Seoul Metropolitan Government around November 2, 2016, the Defendant loaned KRW 1.6 million, which was deducted from the pre-paid fee of KRW 4 million from the pre-paid fee of KRW 2 million to F, a ship of Chinese nationality, who lost money in a casino, and on the condition that the Defendant would be repaid from November 3, 2016, up to KRW 2 million from the next day (7,300 per annum). Accordingly, the Defendant in collusion with B and received interest in excess of the limited interest rate.

(b) No person who has violated the Fair Debt Collection Practices Act and the Punishment of Violences, etc. Act shall assault, arrest or detain, or use a deceptive scheme or force against, a debtor or his/her related persons in connection with debt collection;

Nevertheless, the Defendant, along with B on November 3, 2016, borrowed KRW 2 million from D hotel E as described in paragraph (1) from D hotel E on November 3, 2016 at around 04:00 to 2 million, and left the victim F with G, with the victim’s desire to take a bath, such as “nicks and money now repaid,” even if the repayment period has expired, the Defendant, while taking the victim’s desire to take care of “nicks and money now repaid,” and takes the victim’s leakage or gathering.

B. The use of force by force to lend money to B, from 09:00 to 17:00 on the same day, the victim was deprived of the room by leaving the victim from the mutual influence in Gyeonggi-do, and the victim was detained by leaving the door in front of the chair who was in the guest room by locking the door and preventing him from opening the door.

arrow