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(영문) 대구지방법원 2012.10.10 2012고정2434
채권의공정한추심에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to engage in credit business shall register as the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor, having jurisdiction over each place of business;

In addition, if a unregistered credit service provider lends a loan to an individual, it does not receive interest exceeding 30% per annum of legal interest rate.

Nevertheless, on November 25, 201, the Defendant, without registering a credit business, lent three million won to C at D's D's D's D's D's located in Busan Metropolitan City on November 15, 201, and received interest of 436.7 percent per annum on a 65-day repayment terms, excluding three million won per day, and 60,000 won per annum on a 65-day repayment terms. On January 5, 2012, the Defendant loaned three million won to C at the above place as above at around January 16, 200, and issued KRW 270,000,000 per annum 60,000 per day, and received interest of 436.7 percent per annum on a 65-day repayment terms.

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

Nevertheless, at around 18:00 on February 2, 2012, the Defendant: (a) expressed the desire of C to receive the repayment of defective debt on the said debt, such as “I will not pay if I have borrowed money from I would have to do so if I would have borrowed money; and (b) assaulted the victim’s arms by cutting the table.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to C by the police;

1. Statement of interest rates;

1. Application of statutes on a copy of a notarial deed;

1. Article 19 (1) 1 and Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users concerning facts constituting an offense, and the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Act on Protection of Finance Users.

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