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(영문) 광주지방법원 2013.05.10 2012고단4569
채권의공정한추심에관한법률위반등
Text

[Defendant A]

1. The defendant shall be punished by a fine of two million won;

2. When the defendant does not pay the above fine;

Reasons

Punishment of the crime

Defendant

A is a person who engages in credit business after completing registration of credit business (registration number): J, and when a credit service provider lends a loan to an individual or a small-scale corporation, it may not exceed the annual interest rate of 39%.

Nevertheless, on September 23, 201, Defendant A lent KRW 1 million to K on the Donam-dong, Gwangju Metropolitan City, KRW 500,000 per annum and received interest of KRW 60% per annum from 50,000 per annum. On March 16, 2012, Defendant A lent KRW 8 million to M in the Gwangju L apartment parking lot and received interest of KRW 2.00% per annum from 42.00% per annum. On April 18, 2012, Defendant A lent KRW 5 million to N in the Dong-dong, Gwangju Metropolitan City community service center and deducted KRW 400,000 per annum from the interest of KRW 20,000 per annum.

Summary of Evidence

1. Defendant A’s statement in the legal statement and the first trial record;

1. Each loan contract (debtor K, M, N);

1. Application of the credit business registration certificate and business registration certificate statutes;

1. Article 19 (2) 3 and Article 8 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts, Article 5 (2) of the Enforcement Decree of the Act on Registration of Credit Business, etc. and Protection of Finance Users;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The fact that Defendant A and B violated the Act on the Fair Collection of Claims against Victims G;

A. The summary of the facts charged in this part of the facts charged is as follows: “Defendant A is a person who engages in credit business in the name of “Co., Ltd. B”; Defendant A is a “P childcare center (hereinafter “P childcare center”) operated by the victim G (V, 47 years old) located in the YYO in the YYO around October 27, 201 and around October 27, 201.”

‘The amount of debts of 30 million won and the due date of payment shall not be paid until February 27, 2012 by lending 10 million won to the victim.

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