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(영문) 부산지방법원 서부지원 2019.08.23 2018고단1905
대부업등의등록및금융이용자보호에관한법률위반
Text

[Defendant A] Imprisonment with prison labor and fine of KRW 5,00,000 shall be imposed.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

Any person who intends to engage in credit business shall register with the Mayor/Do governor having jurisdiction over the relevant place of business.

On February 2, 2012, when the Defendants were working as a taxi engineer belonging to E in Busan Seo-gu, Busan, the Defendants lent money to the taxi officers who require pay for the reason of taxi commission payment, etc., and offered them to divide the profits therefrom, and Defendant B and Defendant C provided loan funds by investing KRW 30 million in each of them, and Defendant A was in charge of managing the accounts in which loan funds were deposited and paying interest.

The Defendants, upon the foregoing public offering, lent KRW 1 million to F on April 1, 2012 without being registered with the competent authority, and received repayment of KRW 1.150,000 from 80 days to 1.19,00,000 from that time, and, from that time, lent KRW 782,520,000 to December 19, 2017, as indicated in the list of crimes in the attached Table, and carried on credit business by receiving reimbursement of KRW 764,02,00.

Accordingly, the Defendants conspired to engage in the unregistered credit business.

Summary of Evidence

1. Defendant A and B’s legal statement

1. The legal statement of the defendant C (as of the third trial date);

1. Each police statement made to G, H, I, J, and K;

1. Investigation report (the search of victims of credit business);

1. Each statement of H, L, M, and N;

1. Records of seizure and the list of seizure;

1. Details of loans, current status of dividends, current status of the operation of A credit business, and message details;

1. Details of each account transaction;

1. Application of the Acts and subordinate statutes to each book, loan certificate and copy of passbook;

1. Relevant Article of the Act on Criminal Facts and subparagraph A of the choice of punishment: In cases where the statutory penalty provided for in Article 19 (1) 1 and (3) of the Act on Registration of Credit Business, etc. and Protection of Finance Users may be concurrently sentenced to imprisonment with prison labor and fines, the court may decide on whether to concurrently impose fines at its discretion

Supreme Court Decision 201No. 24, 201

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