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(영문) 대전지방법원 천안지원 2019.10.30 2019고정396
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

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 shall register with the Special Metropolitan City Mayor, Metropolitan City Mayors, or Do Governors having jurisdiction over the place of business, and a credit service provider shall not exceed 27.9% of the interest rate for a loan to an individual or a small-scale corporation, and the interest rate for a loan made by an unregistered credit service provider shall not exceed 25%

On September 22, 2017, the Defendant lent 1.5 million won (titled principal) to D in front of the defendant's B apartment C, Dong-gu, Dong-gu, Dong-gu, Dong-gu, and paid interest of 100,000 won per month without fixing the repayment period, and the principal shall be 1.35,000 won (actual principal) calculated by deducting 1.50,000 won from the interest on the condition of repayment each time when money is raised, and the Defendant shall prepare a loan certificate by lending 1.35,00 won (actual principal). By October 22, 2017, the Defendant received interest of KRW 1.720,000 per annum from the victim as interest and received interest of KRW 1.58% per annum from the victim until January 6, 2019, and operated credit business without registering with the competent administrative agency.

(b) No person other than credit service providers or credit financial institutions may place an advertisement for credit business;

On September 2, 2017, the Defendant published an advertisement for credit business by delivering to D the name of the Defendant and cell phone numbers, account numbers, etc. in front of the Defendant’s vehicle in Dong-gu B apartment Cdong-dong, Nam-gu, Seoul Special Metropolitan City.

2. No debt collector who violates the Fair Collection of Claims Act shall engage in any conduct that seriously undermines privacy or peace in business by repeatedly or at night visiting any debtor or his/her related person without justifiable grounds in connection with debt collection to arouse fear or apprehension;

피고인은 2018. 2. 23. 오전경 천안시 동남구 E아파트 경비실로 피해자 D을 찾아가 ‘야이 개새꺄. 이자를 왜 제때 안내냐’라고 협박하는 등 별지 범죄일람표와 같이 정당한 사유 없이 반복적으로...

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