logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2018.05.15 2018고단94
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

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 a Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province branch having jurisdiction over the relevant place of business, and where an unregistered credit service provider lends a loan to an individual, he/she shall not receive the interest exceeding 25% per annum,

Nevertheless, around May 4, 2015, the Defendant loaned KRW 3 million to C with a prior interest of KRW 211.76% per annum. On May 6, 2015, the Defendant loaned KRW 2 million to C with a prior interest of KRW 3 million, including KRW 300,000,000,000 per annum, and received payment of interest of KRW 21.76% per annum. On June 18, 2015, the Defendant loaned KRW 1 million to C with a prior interest of KRW 13.33% per annum.

As a result, the Defendant did not register with the competent authorities, and received interest exceeding the legal limit interest rate.

2. No person who has violated the Fair Debt Collection Practices Act shall assault, threaten, arrest or detain an obligor or his/her related persons in connection with debt collection, or use a deceptive scheme or force against him/her;

Nevertheless, on October 25, 2016, the Defendant committed an disturbance, such as finding in the Pianian Private Teaching Institutes D operated by Changwon-si, Changwon-si around October 25, 2016, that C did not pay the debt, and throw away the table behind it.

Accordingly, the defendant exercised the power of the debtor or the related person in relation to the collection of the claim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers against the accused (two times);

1. Statement made by the police with regard to C;

1. 112 Application of Acts and subordinate statutes governing the statement of handling reported cases;

1. Article 19 (1) 1 and Article 3 of the Act on the Protection of Financial Users, Registration of the relevant legal provisions and the selective loan business, etc. for criminal facts, and Articles 19 (1) 1 and 3 of the same Act (registration shall not be made);

arrow