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(영문) 의정부지방법원 고양지원 2015.08.28 2015고정867
대부업의등록및금융이용자보호에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Where a unregistered credit service provider, etc. in violation of the Registration of Credit Business and Protection of Financial Users Act lends a loan to an individual, etc., it may not exceed the interest rate of 30% per annum;

Nevertheless, the defendant does not register a credit business with the competent authority;

A. On April 19, 2013, at the rate of 225.7% per annum on the basis that, while lending 3 million won to C from “DC” of the operation of C on the first floor of B in Pakistan around April 19, 2013, the principal and interest rate of 60,000 won per annum shall be paid for 60 days each day as principal and interest rate;

B. Around July 29, 2013, “DC” loaned KRW 3 million to C and received interest of KRW 120,000 per annum until the principal is repaid.

Accordingly, the Defendant received interest exceeding the limited interest rate.

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 in connection with debt collection, or use a deceptive scheme or force against him/her;

Nevertheless, at around February 2, 2015, the Defendant threatened the victim in relation to the debt collection by saying, “FC” in the “FC” located in Pakistan-si, Pakistan, on the ground that the victim C does not pay interest on the loan, thereby preventing the victim from running his/her business on the ground that: (a) he/she does not pay the money, and (b) he/she does not pay the money, and (c) he/she does not sell the money.”

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A statement of financial account transactions;

1. Application of Acts and subordinate statutes to investigation reports (verification of Facts of intimidation against a suspect and calculation of interest);

1. Relevant Article of facts constituting an offense, Article 19 (2) 3, and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, concerning punishment, and Article 19 (1) (the violation of restrictions on interest rates of unregistered credit service providers) of the same Act,

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