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(영문) 부산지방법원 동부지원 2015.04.16 2014고단2274
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

(a) Any person who intends to engage in credit business or loan brokerage business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor

On November 18, 2012, the Defendant did not register with the Mayor of Busan Metropolitan City, and lent KRW 5 million to D from the Defendant’s residence located in Busan Metropolitan City C, 105 Dong 1801, and run credit business that lends KRW 349,503,50 on 13 occasions in total to 25 persons, such as the list of crimes (1) from February 27, 201 to May 5, 2014.

(b) No interest rate shall exceed 30 percent per annum, in cases where an unregistered credit service provider, who has not violated the limitation on interest, lends a loan.

On November 18, 2012, the Defendant lent KRW 5 million to D from the Defendant’s above residence, and received interest of KRW 36% per annum by collecting KRW 150,000 per annum, around January 10, 2013, and received interest of KRW 360,00 per annum by receiving KRW 360,00 per annum, and paid KRW 240,000 per annum by receiving interest on December 2, 2013, respectively.

Accordingly, the Defendant received interest exceeding 30% of the annual interest rate while running a credit business without registering the credit business.

2. Around October 31, 2011, the Defendant violated the Fair Collection of Claims Act and interfered with the business thereof, the Defendant was not able to receive payment, even though he lent KRW 48 million to the victim D five times from October 31, 201 to January 28, 2014.

Despite the fact that a debt collector was prohibited from assaulting, threatening, or using force against a debtor in relation to debt collection, (1) around 08:00 on April 28, 2014, the Defendant took a bath to “F company” at the “F company” factory operated by the victim located in the Busan East-gu, Busan, for a period of about one hour, namely, “one-time period of fraud, more than one year, and one-year president paid off the amount.”

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