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(영문) 대구지방법원 2013.05.15 2012고정3468
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Violation of the Act on Registration of Credit Business and Protection of Financial Users;

A. On March 201, 201, the Defendant of the unregistered Credit Business: (a) within the E-cafeteria operated by the debtor D, located in the Seocho-gu, Daegu, the Defendant paid KRW 270,000,000 to the Defendant for actual loans; and (b) at the time of concluding a contract for the agreed loan of KRW 300,000,000, the Defendant paid interest for KRW 300,000 as the loan; and (c) from that time until April 2011, the Defendant loaned KRW 88,50,000 to the four persons, such as the above D, from that time to the end of April 201, and did not receive and register interest.

B. From March 2011 to April 201, 201, the Defendant violated the limitation on the interest rate exceeding the statutory interest rate by granting a total of KRW 8,500,000 to four above D, etc. from March 1, 2011 to April 2, 201, and by receiving the interest amounting to the maximum of KRW 365% from the maximum of 365% to the maximum of 480%.

2. No debt collector who violates the Fair Collection of Claims Act shall assault, threaten, arrest or detain a debtor in connection with debt collection, or use a deceptive scheme or force against him/her;

Nevertheless, the Defendant:

(a) On June 201, 201, the victim D, who is a debtor, is a debtor, at the F cafeteria of Daegu Northern-gu, Daegu, Daegu, 201;

3. 15. 피고인로부터 빌린 140만 원에 대한 이자를 제때 상환하지 않자 돈을 받을 목적으로 찾아가 “씨발년 안되겠네, 너거 신랑, 아들 뒷조사 다 해놨으니까 아들한테 받아도 되고 신랑한테 캐서 받는다.”라는 말로 해악을 고지하고,

B. Around June 201, 201, around the Daegu-gu G Airfield, the said D notified the said D of harm and injury as follows: (a) on the foregoing ground, “Is to do so with a strong desire to “Isk to do so with a view to salutism, salutism, salutism, salutism, salutism, and salutical salutism, salutism, salutism, etc.,”

Accordingly, the defendant threatened the debtor.

Summary of Evidence

1. The defendant's partial statement 1.1.

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