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(영문) 창원지방법원 2017.07.19 2017고단581
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A Imprisonment with prison labor for a year and six months, for a year of imprisonment for a defendant B, and for a period of ten months of imprisonment for a defendant C, respectively.

except that this shall not apply.

Reasons

(b) enter into a loan agreement on a total of 962 occasions, such as Ma1, and run an unregistered loan business, and received interest in violation of the interest rate limit by 25 per annum;

B. Although a credit service provider may not exceed the interest rate of 27.9% per annum when it lends a loan to an individual or a small enterprise, the Defendants conspired to enter into a loan agreement with H around May 12, 2016 and agreed on the annual interest rate of 381% from the above day to January 25, 2017, including that it agreed on the annual loan rate of 381% from the above day to the above day of Jan. 25, 2017, and concluded a loan agreement over a total of 342 occasions, such as Ma-2 B/C, and received interest in violation of the interest rate limit of 27.9% per annum.

2. A person who has violated the Fair Debt Collection Practices Act shall not assault, threaten, arrest or detain, or use deceptive means or force against, an obligor or any person concerned in connection with the debt Collection.

A. On January 2016, Defendant B threatened the victim in relation to the collection of the claim by stating that, at the residence of the Seocho-gu Seoul Special Self-Governing Officer*** the victim J (J, 39 years old), the victim did not repay the loan from time to time, and that, on the ground that the victim did not repay the loan from time to time, Defendant B threatened the victim with the victim in relation to the collection of the claim.

B. At around 10:00 on January 15, 2016, Defendant B threatened the victim with respect to the collection of claims in the same place as described in the foregoing paragraph, and in the same manner as described in the foregoing paragraph.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made against J, K and L;

1. Each statement (M, N, K,O, P, L, Q, R, T;

1. Each loan certificate, a copy of process deed, a performance certificate, a motor vehicle mortgage creation contract, and a lease contract;

1. Each protocol of seizure and the list of seizure;

1. He/she shall do business on loan, list of lending traders, details of transactions, copies of each book, U book;

1. Detailed statement of each deposit transaction, details of the registration of lending companies, and details of B account transactions;

1. Application of the Acts and subordinate statutes to photographs and photographs of seized articles;

1. The relevant Article of the Act and the choice of punishment concerning the facts constituting the crime;

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