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(영문) 부산지방법원 2013.11.11 2012고정5951
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 1,200,00.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Violation of the Act on Registration of Credit Business, etc. and Protection of Finance Users;

A. Although any person wishing to operate a credit business must register the credit business with the competent administrative agency, the Defendant, without registering the credit business, lent KRW 100,000,000 to C on November 201, on the condition that: (a) the Defendant pays KRW 15,000 per day to C around November 201.

B. In the event that an unregistered credit service provider grants a loan to the unregistered credit service provider, the Defendant could not receive interest exceeding 30% per annum, which is the interest rate prescribed by the Interest Limitation Act. However, the Defendant is above the date of November 201.

As described in paragraph (1), 1 million won was loaned to C and 169.9% interest was paid annually.

2. Violation of the Fair Debt Collection Practices Act;

A. On January 11, 2012, around 16:50, the Defendant stated that “Around 16:50, the Defendant sent a phone to the victim on the ground that the victim did not pay the money that the victim lent to the victim C, as set forth in paragraph (1), and that “I would find it known that, if you want, I would see that I would see the last day of the year, I would see the same sound, and that I would see it if you would see it, I would see it.”

B. Around 17:00 on March 2012, the Defendant stated that “The Defendant was aware of whether the Defendant was unable to pay money without paying money to the Defendant within the “Eda” located in Busan Jung-gu, Jung-gu, Busan.

Accordingly, the defendant threatened the victim, who is the debtor, to collect claims.

Summary of Evidence

1. C’s legal statement;

1. Application of each police protocol of statement to C and F

1. Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (2) 3 and 11 (1) of the Act on the Protection of Finance Users, and Article 15 (1) of the Fair Debt Collection Practices Act.

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