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(영문) 서울중앙지방법원 2019.05.16 2018고단8781
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to engage in credit business in violation of the Registration of Credit Business, etc. and Protection of Financial Users Act shall register with the competent authority, and shall not collect interest at an rate exceeding 25 percent per annum, if an unregistered credit service provider provides a loan;

Nevertheless, the Defendant, without registering credit business, conspired with B from December 16, 2014 to November 3, 2016, in collusion with B, from around December 16, 2014, prepared a loan agreement form from 140 debtors as stated in B’s order according to the list of crimes (1) in the Gangnam-gu Seoul and D offices, and lent to them a total of 140 persons as an employee of the loan companies located in the Gangnam-gu Seoul and D offices, and took charge of receiving interest of 27.9% or 34.9% per annum per annum exceeding 25% per annum of the limited interest rate. The Defendant borrowed money from KRW 2,141,560,000 in total and received interest of KRW 744,309,40 in excess of the limited interest rate per annum of the credit service provider.

2. No person who violates the Medical Service Act shall introduce, arrange or induce patients to medical institutions or medical persons for profit;

Nevertheless, around September 2, 2014, the Defendant, in collusion with B, introduced the G who wants to perform a sex surgery into Franchisium in Seocho-gu Seoul, and received 3,600,000 won, which is 30% of the sex surgery cost, from the president of the above sex surgery, as the fee, from H.

In collusion with B from September 2, 2014 to November 3, 2016, the Defendant: (a) in collusion with B, as indicated in the list of crimes (2), assisted patients to medical institutions for profit by arranging patients in total 40 times; and (b) having received 89,793,000 won, in total, from the Fsung Foreign Medical Council members, and from the Isung Foreign Medical Council members; and (c) having received 89,793,000 won in total from the Isung Foreign Medical Council members; and (d) introduced and induced patients to medical institutions for profit.

3. Any debt collector who violates the Fair Collection of Claims and Protection of Financial Users Act shall be in connection with debt collection; and

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