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(영문) 창원지방법원 2013.10.15 2013고정177
대부업등의등록및금융이용자보호에관한법률위반등
Text

1. The defendant shall be punished by a fine of five million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. A person who intends to engage in credit business shall register with the competent agency, and, if a unregistered credit service provider provides a loan, the Defendant shall not register the loan despite the fact that it was unable to receive interest by violating the interest rate limit of 49% per annum. On July 18, 2008, at around 16:30 on July 18, 2008, the Defendant agreed to provide a loan of KRW 4.5 million to C within the office of a certified judicial scrivener near the Changwon District Court located in Changwon-si, Changwon-si, Changwon-si, and received interest of KRW 1.33% per annum.

Accordingly, the Defendant, without registering, engaged in credit business and received interest in violation of the restriction on the interest rate.

2. No debt collector shall assault, threaten, arrest or detain a debtor or his/her related person in connection with debt collection, or use a deceptive scheme or force against him/her;

Nevertheless,

A. At around 22:00 on June 22, 200, the Defendant made a phone call to the debtor C, and conducted debt collection by: (a) threatening the debtor C to “whether the amount of money that the four years have passed since the opening of the same year was given to him/her, would have been returned to him/her; (b) whether he/she would die with his/her string, she would have been found to have been dead, and whether he/she would have been sold to the land, and then he/she would have received the payment of his/her interest from his/her opening of the same year.”

B. Around 22:00 as of November 22, 2009, the Defendant made a phone call to the obligor C, and conducted debt collection activities by intimidation, such as: “I am son, bitch bitch bitch bitch bitch bitch, bitch bitch bitch bitch bitch bitch bitch, ambom, ambom, ambom, ambom, ambom, and ambling son,” and “I am ing

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Partial statement of the third police interrogation protocol against the accused (including the substitute part);

1. Each police statement of C;

1. Investigation reports (as to registration of credit business) and investigation reports (as to interest rates);

1. Data on details of financial transactions to be submitted by victims;

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