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(영문) 제주지방법원 2018.02.07 2017고단1399
폭력행위등처벌에관한법률위반(공동감금)등
Text

1. Defendants A, B, and E shall be punished by imprisonment for one year, by imprisonment for eight months, and by imprisonment for ten months, respectively.

Reasons

Punishment of the crime

[Defendant D’s criminal records] On June 20, 2017, Defendant D appealed with imprisonment for one year and six months as a crime of fraud in the Hongsung Branch of the Daejeon District Court. However, on September 7, 2017, Defendant D’s appeal was dismissed at the Daejeon District Court and the said judgment became final and conclusive on September 22, 2017.

[Criminal facts] 2017 Highest 1399

1. Defendant A

(a) Any person who intends to operate occupancy business of unregistered loan business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor or Special Self-Governing Province Governor having jurisdiction over the relevant place of business;

Nevertheless, the Defendant, without registering with the competent authority on February 2, 2016, intended to engage in loan business and gain profits from students who need urgent money, such as raising money for sports Saturdays, under the condition that they receive interest at a short rate, on a short-term basis. The Defendant introduced those who borrow money from them, or introduced them from them to the Defendant’s “Pice North Korea” account.

Around February 10, 2016, by posting an advertisement containing “”, recruited customers, offered loans of KRW 500,000 to H from the Defendant’s residence located in Jeju-si around February 10, 201, and run a business of lending unregistered loans of KRW 12,70,000 in total to 11 debtors from that time to October 1 of the same year, as shown in the list of crimes in the attached Form.

(b) Where an unregistered credit service provider grants a loan in violation of the interest rate limitation, it shall not receive interest exceeding the interest rate of 25% per annum;

(1) Around July 28, 2016, the Defendant lent KRW 300,00 to I, as described in attached Table 13, at the place of residence of the above Defendant, for the following year:

8.1. Around January 1, 2000 won paid and received interest of 2,433% per annum in excess of the limited interest rate.

(2) From August 1, 2016 to March 1 of the same month, the Defendant lent KRW 1 million to I, as described in attached Table 14, at the residence of the above Defendant from around August 1, 2016, and the principal and interest thereof.

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