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(영문) 대구지방법원 서부지원 2018.10.23 2017고단3212
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who intends to engage in loan business or brokerage business for the fact that an unregistered loan business is operated shall register with the Mayor/Do governor having jurisdiction over the place of business;

On February 27, 2013, the Defendant: (a) lent KRW 5 million to D without registering a loan business; (b) transferred money to D with a prior interest of KRW 4.75 million after deducting KRW 250,000; and (c) lent money on condition that interest of KRW 2.50,000 per month from the following month to the repayment of principal shall be paid in equal installments; and (d) lent money from around January 6, 2017 to a total of KRW 23,03,03,591,209 on a total of 2,031 occasions, as shown in attached criminal facts (1).

2. Where an unregistered credit service provider grants a loan exceeding the interest rate limit, the highest interest rate shall not exceed 30% per annum until July 14, 2014 and 25% per annum from the following day.

Nevertheless, the Defendant, without registering the loan business on February 27, 2013, lent 4.75 million won after deducting 2.5 million won from the prior interest to D’s account, and loaned money to D on condition that 2.5 million won shall be repaid in 250,000 won per annum from the following month to the repayment of principal and received 163% interest per annum from 253% per annum from the following month to December 14, 2016, and received 17,919,283,50 won per total amount of 17,633 times from the following month to December 14, 2016, and received interest in excess of the legal autonomy.

3. No person who has collected claims in violation of the Fair Debt Collection Practices Act shall visit the persons concerned in connection with obligations, or have the persons concerned reach words, letters, sound, images, or other things;

Nevertheless, on January 5, 2017, the Defendant called D’s husband E at a non-permanent place on January 11:30, 2017, and called “not from time to time any interest accrued from the loan of D money.” On the same day, the Daegu Museum of the Republic of Korea, the 12:00 on the same day, is a 321 National Museum.

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