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(영문) 인천지방법원 부천지원 2012.10.04 2012고정1132
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

1. When any person intends to engage in credit business, which is engaged in the business of granting or receiving money, in violation of the Act on Registration of Credit Business and Protection of Finance Users, he/she shall register with the competent Mayor/Do Governor;

Nevertheless, the Defendant, without registering a credit business, lent 100,000 won to D during the 10-day period from a general restaurant in the name of Kimpo-si, Kimpo-si, on May 201, and received 50,000 won per month interest, and run a credit business in the same manner eight times in total by April 27, 2012, as shown in the separate list of crimes in the separate list of crimes.

2. Where an unregistered credit service provider, in violation of the Act on Registration of Credit Business and Protection of Finance Users, lends a loan to an individual or a small corporation prescribed by the President, the interest rate shall not exceed the rate prescribed by Presidential Decree within the limit of 50/100 per annum.

Nevertheless, around May 201, the Defendant borrowed 100,000 won to D during the period of 10 days from general restaurants in the trade name of Kimpo-si, Kimpo-si, Kimpo-si, and received interest amounting to 50,000 won per annum, thereby violating the restriction on the interest rate by receiving interest amounting to 192.1% per annum.

From that time to November 1, 2011, the Defendant violated the limitation of interest rates, as described in the attached list of crimes, in the same manner as above.

3. No debt collector who violates the Fair Debt Collection Practices Act shall severely harm privacy or peace in business by repeatedly or at night visiting an obligor or his/her related person without justifiable grounds to arouse fear or apprehension.

Nevertheless, at around 16:00 on April 16, 2012 through 17:00 on April 16, 2012, the Defendant received 120,000 won interest from the victim after finding a day at Kimpo-si E-si where the victim D is part-time, while receiving 1:0,000 from the victim at night on April 20, 201 to 02:0.

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