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(영문) 부산지방법원 2018.09.17 2018고정916
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. A person who runs a loan business in violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users shall file for registration with the Special Metropolitan City Mayor, Metropolitan City Mayors, or Do Governors who have jurisdiction over the relevant place of business;

Nevertheless, on June 12, 2017, the Defendant, without registering with the competent authority, lent KRW 3 million to C in mobile transfer from the Defendant’s residence located in Busan Jin-gu, Busan, around 14:00 on June 12, 2017 to C in a neighboring coffee, which was located in Busan, and KRW 2 million on July 20, 2017, and KRW 3 million on July 15:00 on July 20, 2017, which was parked in the front line of “B” located in Busan Jin-gu, Busan, and KRW 3 million on August 16, 2017.

Accordingly, the Defendant did not register and run the lending business.

2. No person who runs a loan business through the registration of loan business, etc. and the registration of a violation of the Act on the Protection of Financial Users (or autonomous receipt or exemption by law) shall receive interest exceeding 25 percent per annum by law;

Nevertheless, the Defendant, as mentioned in the preceding paragraph, lent a loan of KRW 1.2 million to C on June 12, 2017, after deducting KRW 200,000,000,000,000,000,000,000,000,000,000,000,000 per annum 8 weeks with interest rate of KRW 60,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000,00,00,00,00.

Accordingly, the defendant received interest exceeding the autonomy of the court.

3. Any person who has collected claims in violation of the Fair Debt Collection Practices Act shall make phone calls, etc. repeatedly or at night without justifiable grounds in connection with debt collection;

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