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(영문) 대전지방법원 천안지원 2014.07.01 2014고단543
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. A person who intends to engage in unregistered credit business or loan brokerage business is registered with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do governor, or the Special Do governor having jurisdiction over the pertinent place of business, but on September 1, 2010, the Defendant, without registering with the competent authority, agreed to lend a loan of KRW 10 million to D on condition that the debtor would be paid interest of KRW 10,000,000,000,000, which is calculated by deducting KRW 1,110,000,000, from that time to March 7, 2014.

2. Despite the fact that a credit service provider, who has not registered in violation of the interest rate limitation, did not receive interest exceeding 30% per annum when it lends a loan to an obligor D at a non-permanent place on September 1, 2010, the Defendant agreed to lend a loan of KRW 10 million to the obligor D and paid a loan of KRW 8,90,000,000,000, which is calculated by deducting the pre-paid interest from KRW 1.1 million, and violated the interest rate limitation by receiving a payment of interest equivalent to 134% per year under the interest name from the above D, and thereafter, received interest in violation of the interest rate limitation by lending a total of KRW 50,850,00 over 10 times, as described in Nos. 1 through 10 of the [Attachment] list of crimes.

3. Violence against or intimidation of a debtor, etc.;

A. On November 2013, from around January 201 to January 2014, the Defendant: (a) discovered at least five to six times a week in the “G” shop operated by the Defendant, the debtor of the damage victim E (the 36-year-old), who is the Defendant, from around 1, 2013 to around 2014; and (b) made repeatedly visits to the Defendant to the obligor without justifiable grounds, such as smoking tobacco at the place where the customer is located; and (c) sending the victim a bitch bitch bitch, bitch bitch bitch bitch, bitch bitch bitch bitch, and the victim’s speech, thereby inducing anxiety. (b) On March 31, 2014, the Defendant got out of work.

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