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(영문) 대구지방법원 포항지원 2016.06.15 2016고정33
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Any person who violates the Act on the Registration of Loan Business, etc. and the Protection of Financial Users shall register the loan business with an agency having jurisdiction over the relevant place of business, and where an unregistered credit service provider grants a loan, the interest rate on the loan shall not exceed 25 percent per annum;

On July 22, 2014, the Defendant: (a) lent 3 million won to the borrower E at a D restaurant located in Nam-gu, Nam-gu; and (b) lent 1 million won to the above E at the same place on August 31, 2014; and (c) paid 1 million won (60% of the total amount of the above loan) as interest for 4 million won as interest; and (d) paid 240,000 won (interest rate of 126.3%) for the remainder of 2 million won as principal and interest every ten days.

In addition, on July 22, 2014, the Defendant loaned KRW 1 million to F at the above D restaurant, and received KRW 360,000 (36% of the interest rate) as interest monthly interest, and loaned KRW 2 million to H at the So-called “G” website located at the port of port of port around July 27, 2014, and received KRW 60,000 (36% of the interest rate) as interest monthly interest.

As a result, the Defendant did not register the lending business and did not pay interest exceeding the limited interest rate.

2. From July 31, 2015, around 22:00 on July 31, 2015, the Defendant: (a) demanded the victim E to repay his/her obligations; and (b) the victim’s “in the form of I and J, he/she shall pay his/her obligations to the victim, i.e., the customer.”

The term “hickly sound, etc.” prevents customers who had entered the restaurant for about 15 minutes by avoiding disturbance, etc. from entering the restaurant, or let them leave the restaurant at that place.

Accordingly, the defendant openly insultingd the victim and interfered with the victim's restaurant business by force.

Summary of Evidence

1. Partial statement of the defendant (as at the second public trial date);

1. Each legal statement of witness E and I;

1. Prosecutions against the Defendant.

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