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(영문) 창원지방법원 2013.08.27 2012고정977
대부업의등록및금융이용자보호에관한법률위반등
Text

1. The defendant shall be punished by a fine of KRW 10 million;

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

Reasons

Punishment of the crime

1. Any person who intends to engage in credit business in violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users shall register the relevant place of business with the Mayor/Do Governor having jurisdiction over the relevant place of business, and the unregistered credit service provider shall not receive interest exceeding 30% per annum, which is the maximum

Nevertheless, the defendant does not register a credit business with the competent authorities;

A. On August 14, 2010, around 14:00, around 133% of the annual interest rate limit was violated by giving and receiving the interest of 133% (2.50,000 won) from the victim E (the victim E) at the D Substitute Driving Office located in Seongbuk-gu, Sungwon-si, Sungwon-si (the age of 37) and receiving the interest of 10% (2.50,000 won) per month from the pre-paid interest.

B. On September 1, 2010, the first order around 17:00 Ga.

At the same place as in the same paragraph, the victim F (34 years of age) required to pay 1,00,000 won with interest of 15% (150,000 won) per month, such as lending the principal to F (34 years of age) and receiving interest of 15% (150,000 won) per month on the advance interest and thereby violating the statutory interest rate limit.

C. On October 27, 2010, 20:00 Ba

At the same place as in the same paragraph, the victim E loaned the principal of KRW 5 million to the victim E, and agreed to receive the interest of KRW 10% (500,000) per month on the advance interest of KRW 10% per month, and violated the statutory interest rate limit.

2. Violation of the Fair Collection of Claims Act;

(a) No debt collector shall engage in any conduct that seriously undermines privacy or peace in business by repeatedly or at night, without any justifiable reason, by sending words, letters, sound, images, or other things by telephone or by any other means at night to the debtor or his/her related person, in connection with debt collection;

Nevertheless, in relation to debt collection, the Defendant, at around 02:02 on May 5, 2012, on the ground that the Defendant did not deposit interest on the date promised by the Victim F (34 years of age).

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