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(영문) 서울중앙지방법원 2017.11.16 2017고단3486
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

Seized evidence 21, 22, 31 through 36, 38.

Reasons

Punishment of the crime

1. Defendant A

(a) A person who intends to engage in loan business in violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users shall register with the competent authorities, and shall not receive interest exceeding 25% per annum if an unregistered credit service provider grants a loan;

Nevertheless, the Defendant did not register the loan business, and around September 2, 2014, lent KRW 2,450,000 to H at the office of 1308 office of Gangnam-gu Seoul Metropolitan Government G building, and received annual interest of KRW 34.9% per annum exceeding 25% per annum by receiving repayment of KRW 712,540 per month, and received interest of KRW 712,540 per annum, and received interest of KRW 3,694,940,00 in total from August 25, 2014 to November 3, 2016, as in the list of crimes in the attached Form.

As a result, the Defendant did not register the lending business and did not run the lending business, and received interest exceeding the interest rate of the unregistered credit service provider.

(b) No person who violates the Medical Service Act shall introduce, arrange or induce patients to medical institutions or medical persons for profit;

Nevertheless, on September 2, 2014, the Defendant introduced H, who wants to perform a sex surgery, to J sexual surgery, and received 7,350,000 won, which is 30% of the expenses for sexual surgery, from K in the hospital site, as well as 89,793,000 won in total over 40 times from September 1, 2014 to November 3, 2016, from J sexual surgery, as shown in Table (2) of the daily list of crimes, from around 1, 2014 to around 3, 2016.

Accordingly, the defendant introduced, arranged, and induced patients for profit.

(c)

No person who has violated the Fair Debt Collection Practices Act shall assault, threaten, arrest or detain an obligor or his/her related persons in connection with debt collection, or use fraudulent means or force against him/her.

Nevertheless, the defendant is to Myang-gun around July 2015.

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