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(영문) 광주지방법원 순천지원 2018.11.09 2017고단1556

공갈등

Text

Defendant

A Imprisonment with prison labor for a year and six months, and for a defendant B, for four months, respectively.

However, as to Defendant B, the same shall apply.

Reasons

Punishment of the crime

Defendant

A is a person who operates a "D" entertainment shop in P at all times while running a entertainment shop, and the defendant B and the victim E (the 53 years of age) borrowed money from the defendant A.

1. Defendant A

(a) A person who intends to engage in loan business in violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users shall file a registration with the Mayor/Do Governor having jurisdiction over the relevant place of business, and the highest interest rate shall not exceed 25 percent per annum, if an unregistered credit service provider grants a loan;

Nevertheless, on November 20, 2014, the Defendant, without registering the loan business, lent KRW 2,670,000 per month interest rate of KRW 30,00 (134.83% per annum) from around 3,000 to around 23 times in total from the front parking lot of F apartment G at F apartment G, which had been deducted from KRW 3,00,00 in advance interest and notarial expenses, from KRW 330,00,00 per month, and from around April 25, 2016, the Defendant lent KRW 227,970,000 per annum to the debtor at an interest rate of KRW 60 to 134.83% per annum as shown in the attached crime list 1.

As a result, the defendant, without registering, provided a large side business, and the court run a loan business in violation of self-regulation over 19 times in total, such as 1 to 17, 20, and 23 of the list of crimes in the annexed crimes.

B. The victims E were to operate a convalescent hospital by remodelling the building owned by the land owner, and became aware of the employees of the said branch office upon obtaining a loan from the J Bank branch located in the time of loan around April 2015.

Around August 6, 2015, the employees of the above branch became insufficient in cash to pay the drinking value while drinking alcohol at the main point of “D” in the Defendant’s operation through the introduction of victims. The employees of the above branch operated the above main point together with the Defendant.

K made contact to the victim and transferred the drinking value of KRW 600,000 to the Defendant’s account.

When the Defendant came to know of the same fact, the injured party bank.