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(영문) 의정부지방법원 고양지원 2016.08.11 2016고단1038
범죄수익은닉의규제및처벌등에관한법률위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to engage in loan business in violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users shall register the relevant place of business with the Mayor/Do Governor having jurisdiction over the relevant place of business, and shall not charge interest exceeding 25 percent per annum if a unregistered credit service provider grants a loan;

Nevertheless, around August 3, 2014, the Defendant loaned KRW 500,000 to D without being registered with the Seoul Special Metropolitan City Mayor, without being registered with the Seoul Special Metropolitan City Mayor, and agreed to receive 30% interest per ten days after deducting 30% interest, and paid KRW 25,760,000 in total under the same conditions over 65 times from around that time to July 28, 2015, and received KRW 69,95,00 in total as principal and interest and received KRW 253% interest per annum from the payment of KRW 69,95,00 in total as principal and interest and received KRW 253% interest per annum from the list of crimes in the attached list of crimes and five persons, and made loans under the above conditions, and received interest at KRW 143% per annum and interest at KRW 1456% per annum.

Accordingly, the Defendant operated the loan business without being registered with the Mayor/Do Governor, and received interest exceeding the interest rate that the unregistered credit service provider could receive.

2. No person collecting claims, such as a credit service provider without registration in violation of the Fair Debt Collection Practices Act, shall engage in any conduct that seriously undermines privacy or peace in business by threatening a debtor in connection with the collection of claims, or by repeatedly or at night calls, etc. from the debtor without justifiable grounds, thereby causing fear or apprehension;

Nevertheless, from the beginning of June 2015 to August 3, 2015, the Defendant repeatedly called to the obligor D with the lapse of the payment date of interest, and “I am ring off, I am ring off, I am ring off to the office of the head of the Party,” and “I am ring off on one occasion the truth at the house.”

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