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(영문) 대구지방법원 포항지원 2014.01.08 2013고정95
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around July 2008, the Defendant violated the Act on Registration of Credit Business, etc. and Protection of Users, without registering credit business, applied the annual interest rate of 199.1% per annum exceeding the statutory interest rate while lending one million won to D at Ecafeteria of D operation, which is the Defendant’s financial consumer in North Korea-gu, Mapo-si, Mapo-si, and at the same place on January 2009. The Defendant applied the annual interest rate of 19.1% per annum exceeding the statutory interest rate.

Accordingly, the defendant, while running a unregistered credit business, exceeded the statutory interest rate.

2. Violation of the Fair Collection of Claims Act;

A. At around 20:30 on October 27, 2010, the Defendant, on the ground that D’s loan was not repaid normally at the E-cafeteria as indicated in the foregoing paragraph (1), committed a debt collection act by intimidation to D, “I would like to be able to perform a funeral, regardless of whether I would be able to perform a funeral, if I would be able to pay the loan promptly, and if I would be able to pay the loan promptly, I would be able to perform a funeral.”

B. On October 201, 201, the Defendant was at the house of the above D located in Northern-si C in the Northern-si, Mapo-si, Mapo-si.

For the same reason, D had expressed the attitude that D would like to engage in a debt collection act by intimidation and force, such as promptly repaying the amount of Chewing money, and undermining D’s desire to pay it.

C. On September 2008, the Defendant issued a threat to H on the ground that H had not repaid the loan normally at the first week in the operation of H, a financial consumer of the Defendant in the north-gu, Mapo-gu, Mapo-si, Mapo-si, on the ground that H had not repaid the loan normally, the Defendant: “B, at this point, took over and transferred the loan to H; I talked with the Defendant at this point; if you have paid the loan; I would like to pay the money; if you have paid the money; I would like to set up a husband’s guarantee; she would not be able to carry out funeral if you would not do so; and F would make it difficult to carry out funeral if you would not do so, regardless of her husband’s guarantee; and she would make it difficult to carry out funeral.”

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