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(영문) 서울동부지방법원 2014.04.24 2013고단2413
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Where an unregistered credit service provider violates the Registration of Credit Business, etc. and Protection of Financial Users Act lends a loan, the interest rate thereon shall not exceed 30 percent per annum;

A. On June 25, 2012, the Defendant entered into a contract to lend gold KRW 13 million to E at the D coffee shop located in Gwangjin-gu Seoul Special Metropolitan City, and had F transfer the said money to E on June 28, 201, and received KRW 1.3 million from the above E as monthly interest on the same day.

Accordingly, the Defendant, a unregistered credit service provider, in collusion with F, received interest at least 120 percent per annum in excess of 30 percent per annum, which is a statutory interest rate.

B. On July 4, 2012, the Defendant entered into a contract with G and H to lend a gold of KRW 14 million at the place under the preceding paragraph, and for the same month.

5. The I had the said H transfer of the said money to the bank account in the name of the said H, and on the same day, received KRW 1.68 million from the above persons as monthly interest.

Accordingly, the Defendant, who is an unregistered credit service provider, in collusion with I, received interest equivalent to 144 percent per annum in excess of 30 percent per annum, which is a statutory interest rate.

2. Violation of the Fair Collection of Claims Act and injury thereto;

가. 피고인은 2012. 8. 17. 01:00경 서울 광진구 J 소재 피고인의 주거지 앞길에서, 피해자 G가 위 1의 나항과 같이 빌려간 돈을 갚지 않는다는 이유로 “돈을 빌려갔으면 갚아야지, 미친년아, 집에 안 보낼 테니까 얌전히 따라다녀”라고 욕설을 하면서 손으로 피해자의 뒷목을 잡아 밀치는 등 피해자를 폭행하였다.

B. On the 22th day of the same month, the Defendant: (a) at the Lware parking lot located in Gwangjin-gu Seoul Special Metropolitan City on the 22th day of the same month, saying, “I are not obliged to repay the money to the victim G and H” on the ground that the victim G and H do not pay the money; (b) “I are not having to repay the money to the dominer; and (c) I are not obliged to repay the money if I borrowed the money.”

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