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(영문) 창원지방법원 거창지원 2013.09.04 2013고단196
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On June 21, 2013, the Defendant was sentenced to a suspended sentence of two years and three hundred thousand won to ten months of imprisonment for fraud, etc. at the Changwon District Court on October 21, 2013, and the said judgment becomes final and conclusive on the 29th of the same month, and is currently under suspended sentence.

1. Any person who intends to engage in credit business that violates the Act on Registration of Credit Business, etc. and Protection of Finance Users shall register the relevant place of business with the Special Metropolitan City Mayor, Metropolitan City Mayors, or Do Governors having jurisdiction over the relevant place of business, and if unregistered credit service providers lend a loan, he/she shall not receive interest exceeding the annual

Nevertheless, the Defendant:

A. From October 3, 2008 to December 24, 201, by providing unregistered credit business to B, etc. 14 times as indicated in the attached Table of Offenses (1), without registering the credit business with the Do Governor at ordinary south-do from around 3, 2008 to December 24, 201;

B. Around January 19, 2009, at D entertainment tavern operated by the Defendant in Chungcheongnam-gun, Chungcheongnam-gun, the Defendant agreed to lend KRW 10 million to E with KRW 3% of the principal of interest each month until the repayment date, and then delivered KRW 10 million on the same day, and then received KRW 300,000 per month interest during 24 times from around that time to January 201, and received KRW 300,000 as indicated in attached Table (2) of the List of Crimes.

C. Accordingly, the Defendant, without registering with the Do governor, engaged in credit business, and received interest exceeding the interest rate from E, etc.

2. No debt collector who violates the Fair Debt Collection Practices Act shall assault, threaten, arrest, or detain a debtor or his/her related person in connection with debt collection, or commit any act of debt collection using a deceptive scheme or force against him/her;

Nevertheless, the Defendant, at around 11:00 on September 10, 201, was a F entertainment tavern operated by the Defendant in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and was a debtor B’s wife.

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