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(영문) 부산지방법원 2015.04.23 2015고정680
대부업의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 7,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Any person who intends to engage in a credit business by the Defendants shall register with the competent authority, and in the case of unregistered credit service providers, he/she shall not receive interest exceeding 30% per annum.

The Defendants, without registering a credit business with the competent authority on September 6, 2013, lent KRW 1 million to D at the house located in the Busan Metropolitan City Shipping Daegu, Busan Metropolitan City, and agreed to receive KRW 1,300,000 won in total for 65 days each day after deducting KRW 100,000 won in advance and paying KRW 1,000,000 won in advance, and delivered KRW 800,000 won in fact (annual interest rate 591.62%). The Defendants violated the restriction on interest rate by lending an amount of money equivalent to KRW 8,550,000 in total on seven occasions from around that time to February 6, 2014, as shown in the attached list of crimes.

Accordingly, the Defendants conspired to engage in credit business without registering with the competent authorities, and violated the restriction on the interest rate.

2. No debt collector of a defendant B shall commit any act of assault, intimidation, arrest or confinement of, or use deceptive schemes or force against, a debtor or his/her related persons in connection with debt collection.

On March 15, 2014, the Defendant threatened the victim on the ground that the victim F's house located in Nam-gu, Busan metropolitan building 201 was not repaid with the loan in accordance with the attached list No. 5 of crimes. The Defendant threatened the victim on the ground that the victim did not repay the loan in accordance with the annexed list No. 5.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement about F, D, G, and H;

1. Reports on internal investigation (in cases of attaching data on the current status of registration of credit business in the Gold-gu Office), each investigation report (in cases of calculating interest rates), and the application of statutes;

1. Article applicable to criminal facts;

A. Defendant A: Registration of credit business and .

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