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(영문) 창원지방법원 진주지원 2013.07.18 2013고정289
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 60,000 won.

Reasons

Punishment of the crime

1. On November 22, 2010, the Defendant violated the Act on Registration of Credit Business, etc. and Protection of Financial Users, without registering credit business to the competent administrative agency, lent KRW 8.50,000,000,000,000,000,000,000 for each month, to C at the house of Jinju-si, which was located in C, from November 22, 201, and received interest, from October 10, 201, from that time, the Defendant loaned money to C over 11 times in total, as stated in the list of crimes in the attached Table.

Accordingly, the Defendant did not register with the competent authorities, and received interest from C in excess of the interest rate of 30% per annum that the unregistered credit service provider may receive.

2. The Defendant, in violation of the Fair Debt Collection Practices Act, sent a text message stating “in-house,” “in-house,” “in-house,” “in-house,” “Neman, if any, died at a time,” and “Ieman,” “Ieman,” and “Ieman,” to collect the principal and interest of the money borrowed by C from September 25, 2012 to October 1, 2012, with respect to the collection of the principal and interest of the money borrowed between the victim C, thereby harming peace in privacy by repeatedly or at night without justifiable grounds, such as sending a text message with the same content as the victim, and allowing the victim to reach the victim’s speech or writing at night.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A detailed statement of transactions in each passbook;

1. Application of Acts and subordinate statutes on mobile phone calls;

1. Article 19(1)1 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and Article 19(1)1 of the Act on the Registration of Credit Business, etc. and Selection of Fines) and Article 3(1) of the Act on the Protection of Finance Users, Articles 19(2)3 and 11(1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (the fact that interest exceeds the interest rate, the selection of fines), and the Act on the Fair Debt Collection.

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