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(영문) 부산지방법원 2018.01.25 2017고정2274
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Criminal facts

Some of the facts charged were corrected.

Defendant

A was sentenced to six months of imprisonment for embezzlement at the Busan District Court on May 17, 2017, and the judgment was finalized on January 11, 2018.

1. A person who intends to engage in a loan business shall register with the authority having jurisdiction over each place of business, and where an unregistered credit service provider lends a loan, he/she shall not receive interest exceeding 25% per annum, which is the statutory limit interest rate.

A. On October 2016, the Defendants, in collusion with C, did not register the lending business with the competent authorities, leased KRW 2 million to E (n, 20,000,000 from D (n, 20,000,000,000,000,000 from the prior interest, and paid KRW 1,80,000,000,000 after deducting 20,000,000,000,000,000,000 won per day, and received interest.

B. The Defendants, in collusion with C, did not register the lending business with the competent authorities, leased KRW 100,000 to E at the places indicated in paragraph (a) on November 201, 201, and paid KRW 90,000,000 after deducting KRW 100,000 in the name of the prior interest and title. Accordingly, the Defendants concluded a loan agreement with C to repay KRW 20,000 each day to E for 65 days, and received the interest.

Accordingly, the Defendants in collusion with C conduct unregistered loan business and received interest exceeding 25% per annum of the statutory limit interest rate.

2. No person who collects claims by a defendant A for a single crime shall assault, threaten, arrest or detain the debtor or his/her related persons in connection with the collection of claims, or use the deceptive scheme or force against him/her;

A. On February 14, 2017, around 18:22, 2017, the Defendant: “I find the above house if I have no contact and have it deposited at the same time”; “I have to find it at that time without any choice but to do so; “I have to find it up until you do so; “I have to come before I have to do so;” on February 15, 2017, around 02:52, around 16:57 of the same day.”

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