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(영문) 광주지방법원 목포지원 2014.03.28 2013고단1914
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users;

(a) Any person who intends to engage in credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province Governor who

On March 30, 2011, the Defendant lent 2.7 million won to D at the interest rate of 10% per month from the Defendant’s residence located in Hamyeong-gun, Chungcheongnam-gun, Hamyeong-gun, with the exception of KRW 300,000,000,000, under the name of prior interest, to L.

B. The Defendant was from April 201 to July 2012.

At the same place as the paragraph, D received interest from D for KRW 2.7 million each month in excess of the limited interest rate of KRW 13.3% per year.

2. Around April 30, 2013, the Defendant violated the Fair Collection of Claims Act and threatened the obligor by displaying a loan certificate to the victim on the ground that the victim D (year 52) who borrowed money from the Defendant in the Fda located in Pyeongtaek-gun, Chungcheongnam-gun, would not repay the loan and interest.

3. On September 2, 2013, at around 21:40, the Defendant: (a) brought an injury to the victim following the loan deposit against the Defendant on the road in front of the Hadodo-gun, Hado-gun; (b) while making a dispute with the victim I (59 years of age) on the road in front of the Hado-gun, Hado-gun; (c) 7 weeks of the victim’s face face; and (d) brought an injury to the victim by drinking for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and I;

1. Each police statement concerning D, I, J, K, and L;

1. A written diagnosis of injury to I;

1. Investigation report (investigation, etc. after search and seizure);

1. A copy of the loan certificate, a copy of the certificate of deposit without passbook, a copy of the passbook, a seized book copy, and a list of savings deposit transactions;

1. Application of statutes on photographs of damage;

1. Relevant Article of the Act on Criminal Facts and Registration of Credit Business, etc. and Protection of Finance Users for Selection of Punishments;

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