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(영문) 수원지방법원 안산지원 2015.08.26 2015고단1576
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who intends to engage in a credit business without registration, or whose interest exceeds the interest rate, shall register with the competent authority; and any unregistered credit service provider shall not receive interest exceeding the interest rate prescribed by the Interest Limitation Act (30% per annum from October 26, 201 to July 14, 201);

On January 8, 2014, the Defendant loaned KRW 1,790,000,00,000,000,000,000,000,000 to B, from the Faridong, Gangnam-gu, Seoul, to the competent authority, and agreed to receive KRW 3,40,000 per day for 80,000,000 for 30,000 each day, and received interest pursuant to the above agreement, as shown in the attached list of crimes (Ⅰ), from around that time to May 3, 2014, all of the loans KRW 9,158,00 in total over 41 times and without registering with the competent authority, and provided and received interest exceeding the limited interest rate.

2. On May 9, 2014, the Defendant had registered credit business with the location of C, 107 Dong 404, and D with their trade name.

Where a credit service provider grants a loan to an individual, the interest rate shall not exceed 39% per annum.

Nevertheless, around May 12, 2014, the Defendant loaned KRW 3,600,000 after deducting KRW 2,80,000 from E’s prior interest from the sub-dong, Gangnam-gu, Seoul and lending KRW 3,00,000 per day to E, and received interest pursuant to the above agreement, and around that time, the Defendant borrowed KRW 6,159,00 in total over 30 times from around November 20, 2014, and received interest exceeding the limited interest rate.

3. No debt collector who has committed an act of debt collection through a deceptive scheme 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, there is a need to do so.

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