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(영문) 창원지방법원 밀양지원 2014.12.04 2014고단255
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. Any person who intends to engage in credit business in violation of the Registration of Credit Business and Protection of Financial Users Act shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business;

Nevertheless, on May 10, 2013, the Defendant extended credit business as shown in the attached Table of Crimes (1) until September 2013, 2013, including lending KRW 5 million to D from Eda operated by D, and paying KRW 100,000,000 per day to D and paying KRW 5 million by the 60-day day.

Accordingly, the Defendant engaged in unregistered credit business.

2. Any debt collector who violates the Fair Collection of Claims Act shall be prohibited from performing the act of seriously impairing privacy or peace in business by repeatedly or at night without any justifiable grounds in connection with debt collection and by reaching the debtor or his/her related person any words, letters, sound, image, or other things, by inducing fear or apprehension;

Nevertheless, at around 20:22 on October 4, 2013, the Defendant sent text messages to the victim’s cell phone using the Defendant’s cell phone to the effect that the victim D, who received money from the Defendant, did not pay the money properly, and then sent text messages over 13 times in total, as shown in the [Attachment 2] List of Crimes (2] by November 20, 2013.

As a result, the Defendant repeatedly committed an act that seriously undermines privacy or peace in business by inducing fear or apprehension by repeatedly delivering text messages to the obligor or the related party without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D, F and G;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to the petition for accusation and recording;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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