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Defendant shall be punished by a fine of 1.2 million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
The Defendant is a credit service provider that registered a credit business under the trade name “D” in Yeongdeungpo-gu Seoul.
1. Where a credit service provider that violates the Registration of Credit Business, etc. and Protection of Financial Users Act lends a loan to an individual, etc., the interest rate on the loan shall not exceed 49% per annum;
The Defendant: (a) around January 21, 2010, lent KRW 20,00,00 to G in front of the real estate office located in Dongdaemun-gu Seoul Metropolitan Government on the street; (b) agreed to receive KRW 120,000 on a daily basis as principal and interest for 200 days; (c) delivered KRW 18,985,00 per annum after deducting KRW 1,015,00 as a prior interest; and (d) received interest equivalent to the interest rate of KRW 88.8% per annum from the date of loan to the said G around April 13, 2010; and (c) received KRW 15,60,000 after deducting KRW 15,00,000 from the time of loan to the said G at the I Hospital located in Gangdong-gu Seoul Metropolitan Government on the street for notarial expenses; and (d) made a loan contract with KRW 25,000,000 per day; and (d) received KRW 6.6,015,00000.
Accordingly, the Defendant received interest in violation of the interest rate limit.
2. No debt collector who violates the Fair Collection of Claims Act shall commit any act detrimental to his/her private life or peace in his/her business by repeatedly or at night without justifiable grounds, such as speaking, writing, sound, image, or goods by phoneing in connection with debt collection and by reaching the debtor or his/her related person, without any justifiable reason;
Nevertheless, the Defendant: (a) around 13:51 on May 19, 2012, the text message, “Before making a deposit prior to making a finding”; (b) around 18:26 on May 21, 2012, the text message, “I continue to do so, but Ibbol Mada,” and (c) around 08:25 on May 22, 2012, the Defendant read “Ibol Macine.”