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(영문) 대구지방법원 포항지원 2015.12.17 2015고단1015
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for six 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

1. Any person who violates the Act on Registration of Credit Business, etc. and Protection of Financial Users shall, when he/she intends to run a credit business, file for registration of credit business with the competent authority of the relevant office, and where an unregistered credit service provider lends a loan, the interest rate on the loan shall not exceed 25 percent per annum (30 percent per annum until July 14, 2014);

around February 12, 2014, the Defendant loaned 500,000 won to D who wish to borrow without registering credit business at his office located in North Korea-gu, North Korea-si, and delivered 4,500,000 won under the name of prior interest, and received reimbursement of 5 million won around 13, 200,000 won (annual interest rate of 2028%) from around that time to February 23, 2015, as described in the attached list of crimes, and received interest exceeding the limited interest rate of 18 times, such as the attached list of crimes, from Nos. 1 to 15,17.

Accordingly, the Defendant did not register credit business, and received interest exceeding the limited interest rate.

2. Violation of the Fair Collection of Claims Act;

(a) No debt collector who has committed an act of debt collection using any force 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 any deceptive scheme or force against him/her;

At around 19:00 on April 28, 2015, the Defendant found at the main point of “G” operated by the Defendant F (hereinafter “G”), the wife of the obligor F (hereinafter “F”) located in North-gu, Northern-si, Ma, and was unable to fully repay the money and interest borrowed by D, and the Defendant was unable to bring a disturbance for about 30 minutes, such as “Woo-to-face, Ha-h, Ha-h, Ha-h, Ha-h, Ha-h, Ha-h, Ha-h, Ha-h, Ha-h, Ha-h, Ha-h, Ha-h, Ha-h, Ha-h, Ha-h, Ha-h, Ha-h.,

Accordingly, the defendant committed claims collection activities using force.

(b) expresses its intent to collect invalid or non-existent claims;

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