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(영문) 수원지방법원 안산지원 2015.12.22 2015고단2859
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users is a credit service provider that registered and operated credit business from January 10, 2012, with the trade name of “C” as “C” as of Ansan-gu B and 209.

Where a credit service provider lends a loan to an individual or small-scale corporation, the interest rate shall not exceed 34.9% per annum.

Nevertheless, around July 1, 2014, the Defendant loaned KRW 13 million to D with a prior interest at a certified judicial scrivener office located in the Dong-dong, Gyeonggi-si, Gyeonggi-do, after deducting KRW 1,300,000 as a prior interest, and operated credit business at the interest rate of KRW 1,74,000 per annum where principal and interest are not paid within one month, and at the interest rate of KRW 174,00 per annum where principal and interest are not paid within one month.

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 delivering words, letters, sound, images, or any other things, without justifiable grounds, to arouse fear or apprehension;

Nevertheless, at around 16:48 on February 16, 2015, the Defendant sent a mobile phone text message to the above D, “I am dye sye hye sye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hy.

(b) No debt collector shall engage in any conduct that seriously undermines privacy or peace in business by repeatedly or at night visiting any debtor or his/her related person without justifiable grounds to arouse fear or apprehension;

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